On 05/17/2019 AVA INC filed a Contract - Other Contract lawsuit against CLARISSE HERMANN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.
*******4823
05/17/2019
Disposed - Judgment Entered
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
AVA INC. DBA RELIABLE ROOFING
HERMANN CLARISSE
HAGOPIAN SHANT
COTE DANIEL ROBERT
1/12/2021: Opposition (name extension) - Opposition to Defendant's Motion to Set Aside Default Judgment
1/12/2021: Declaration (name extension) - Declaration in Support of Opposition to Defendant's Motion to Set Aside Default Judgment
10/30/2020: Declaration (name extension) - Declaration RE Lost Writ
10/30/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
11/19/2020: Writ of Execution - Writ of Execution (Los Angeles)
1/22/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
3/2/2020: Request for Dismissal - Request for Dismissal
3/6/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
3/6/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
3/26/2020: Judgment - Judgment Proposed Judgment
5/13/2020: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale
6/17/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims
7/21/2020: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale
11/12/2019: Declaration (name extension) - Declaration Declaration of Vahe Kalashyan in Support of Default Judgment
11/12/2019: Declaration (name extension) - Declaration Declaration of Shant Hagopian in Support of Default Judgment
12/5/2019: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort
5/17/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
5/17/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing01/26/2021 at 09:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)
DocketOpposition to Defendant's Motion to Set Aside Default Judgment; Filed by: AVA INC. (Plaintiff)
DocketDeclaration in Support of Opposition to Defendant's Motion to Set Aside Default Judgment; Filed by: AVA INC. (Plaintiff)
DocketRequest for Judicial Notice; Filed by: AVA INC. (Plaintiff)
DocketProof of Service by Mail; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketWrit of Execution (Los Angeles); Issued by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant); County: Los Angeles
DocketNotice of Rejection - Post Judgment; Filed by: Clerk
DocketDeclaration RE Lost Writ; Filed by: AVA INC. (Plaintiff)
DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant); Costs: 267.00; Interest: 689.10; Credits: 0.00; Service Date: 10/28/2020
DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by: AVA INC. (Plaintiff)
DocketRequest for Entry of Default / Judgment; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketProof of Personal Service; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant); Service Date: 05/29/2019; Service Cost: 104.13; Service Cost Waived: No
DocketNon-Jury Trial scheduled for 11/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/20/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketSummons on Complaint; Issued and Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketCivil Case Cover Sheet; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketComplaint; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
Case Number: 19STLC04823 Hearing Date: March 02, 2020 Dept: 26
Ava, Inc. v. Hermann, et al.
DEMURRER
(CCP § 430.31, et seq.)
TENTATIVE RULING:
Defendant Clarisse Hermann’s Demurrer to the Complaint is PLACED OFF CALENDAR.
ORDER TO SHOW CAUSE RE DEFAULT JUDGMENT IS SET FOR 06/01/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. FAILURE TO APPEAR MAY RESULT IN THE ACTION BEING DISMISSED.
ANALYSIS:
Plaintiff Ava, Inc. dba Reliable Roofing (“Plaintiff”) filed the instant action for breach of construction contract, common counts and foreclosure of mechanic’s lien against Defendant Clarisse Hermann (“Defendant”) on May 17, 2019. Following her failure to respond, the Court entered default against Defendant on September 10, 2019. The Court thereafter twice rejected Plaintiff’s requests for default judgment. On January 22, 2020, Defendant filed the instant Demurrer. Plaintiff filed an opposition on February 18, 2020.
As Defendant is in default, she is out of court and can file no request for relief with the Court other than a motion to vacate the entry of default. (Steven M. Garber & Assocs. v. Eskandarian (2007) 150 Cal.App.4th 813, 819.) Therefore, the Demurrer to the Complaint is PLACED OFF CALENDAR.
ORDER TO SHOW CAUSE RE ETNRY OF DEFAULT JUDGMENT IS SET FOR 06/01/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. FAILURE TO APPEAR MAY RESULT IN THE ACTION BEING DISMISSED.
Court clerk to give notice.
Parties may submit via e mail until Monday at 10 a.m.