This case was last updated from Los Angeles County Superior Courts on 07/02/2020 at 14:45:13 (UTC).

BRITTANY HAZZARD VS MAHMOOD ALFANI, ET AL.

Case Summary

On 12/19/2018 BRITTANY HAZZARD filed a Contract - Other Contract lawsuit against MAHMOOD ALFANI. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5121

  • Filing Date:

    12/19/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff and Cross Defendant

HAZZARD BRITTANY

Defendants and Cross Plaintiffs

ONE HUNDRED PERCENT CONSTRUCTION COMPANY

ALFANI MAHMOOD

AMERICAN CONTRACTORS INDEMNITY COMPANY

Defendants, Cross Defendants and Cross Plaintiffs

ALFANI MAHMOOD

HAZZARD BRITTANY

Attorney/Law Firm Details

Defendant, Cross Defendant and Plaintiff Attorneys

RAPAPORT ADAM C.

KIM AMBER NICOLE

Defendant and Cross Plaintiff Attorneys

KIM AMBER NICOLE

GERGES MOTAZ M.

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/30/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Opposition (name extension) - Opposition ACIC's Opposition to Mahmood Alfani's Motion to Set Aside Default Judgment

2/28/2020: Opposition (name extension) - Opposition ACIC's Opposition to Mahmood Alfani's Motion to Set Aside Default Judgment

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

2/19/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Request for Dismissal - Request for Dismissal

12/18/2019: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

11/13/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Substitution of Attorney - Substitution of Attorney

9/18/2019: Substitution of Attorney - Substitution of Attorney

Answer - Answer First Amended

9/11/2019: Answer - Answer First Amended

Cross-Complaint - Cross-Complaint

9/11/2019: Cross-Complaint - Cross-Complaint

Stipulation and Order (name extension) - Stipulation and Order Stipulation and (Proposed) Order for Leave to File First Amended Complaint

8/28/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation and (Proposed) Order for Leave to File First Amended Complaint

Amended Complaint - Amended Complaint

6/27/2019: Amended Complaint - Amended Complaint

Summons - Summons on Complaint (1st)

7/24/2019: Summons - Summons on Complaint (1st)

Proof of Personal Service - Proof of Personal Service

8/12/2019: Proof of Personal Service - Proof of Personal Service

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

4/25/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/13/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Personal Service - Proof of Personal Service

2/13/2019: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

12/19/2018: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/19/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

28 More Documents Available

 

Docket Entries

  • 12/22/2021
  • Hearing12/22/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 05/10/2021
  • Hearing05/10/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 05/10/2021
  • Hearing05/10/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/01/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/01/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/01/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 06/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 05/10/2021 08:30 AM

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  • 05/01/2020
  • DocketReset - Court Unavailable, Order to Show Cause Re: Dismissal (Settlement) scheduled for 06/17/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 05/10/2021 08:30 AM

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  • 03/30/2020
  • DocketUpdated -- Request for Dismissal Not Entered: Filed By: American Contractors Indemnity Company (Cross-Complainant); Result: Rejected; Result Date: 03/30/2020

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  • 03/30/2020
  • DocketStipulation and Order Stipulation of Dismissal and Order of the Court Retaining Jurisdiction to Enforce Settlement Pursuant to CCP 664.6; Filed by: American Contractors Indemnity Company (Cross-Complainant); As to: Mahmood Alfani (Cross-Defendant)

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  • 03/30/2020
  • DocketUpdated -- Stipulation and Order Stipulation of Dismissal and Order of the Court Retaining Jurisdiction to Enforce Settlement Pursuant to CCP 664.6: Status changed from Filed to Signed and Filed

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56 More Docket Entries
  • 02/13/2019
  • DocketProof of Personal Service; Filed by: Brittany Hazzard (Plaintiff); As to: One Hundred Percent Construction Company (Defendant); Service Date: 02/13/2019; Service Cost Waived: No

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  • 02/13/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: Brittany Hazzard (Plaintiff); As to: Mahmood Alfani (Defendant)

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  • 12/28/2018
  • DocketNon-Jury Trial scheduled for 06/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/28/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/22/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/28/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 12/19/2018
  • DocketComplaint; Filed by: Brittany Hazzard (Plaintiff); As to: Mahmood Alfani (Defendant); One Hundred Percent Construction Company (Defendant)

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  • 12/19/2018
  • DocketCivil Case Cover Sheet; Filed by: Brittany Hazzard (Plaintiff); As to: Mahmood Alfani (Defendant); One Hundred Percent Construction Company (Defendant)

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  • 12/19/2018
  • DocketSummons on Complaint; Issued and Filed by: Brittany Hazzard (Plaintiff); As to: Mahmood Alfani (Defendant); One Hundred Percent Construction Company (Defendant)

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  • 12/19/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/19/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC15121    Hearing Date: March 12, 2020    Dept: 26

Hazzard v. Alfani, et al.

VACATE ENTRY OF DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Mahmood Alfani’s Motion to Vacate Entry of Default is GRANTED. THE DEFAULT ENTERED ON NOVEMBER 13, 2019 IS VACATED. DEFENDANT MAHMOOD ALFANI IS TO FILE AND SERVE HIS RESPONSIVE PLEADING WITHIN TEN (10) DAYS.

ANALYSIS:

On December 19, 2018, Plaintiff Brittany Hazzard (“Plaintiff”) filed the instant action for breach of contract and fraud relating to a home improvement contract against Defendants Mahmood Alfani (“Defendant Alfani”) and One Hundred Percent Construction Company. Defendant Alfani filed an Answer to the Complaint through counsel on March 14, 2019. He also filed a Cross-Complaint against Plaintiff the next date.

On August 28, 2019, pursuant to stipulation of all parties, Plaintiff filed a First Amended Complaint against Defendants Alfani, One Hundred Percent Construction Company and American Contractors Indemnity Company (“ACIC”).

On September 11, 2019, ACIC filed a Cross-Complaint against Defendants Alfani and One Hundred Percent Construction Company. On September 18, 2019, Defendant Alfani’s attorney withdrew and Defendant Alfani began representing himself.

On November 13, 2019, ACIC entered default against Defendant Alfani on the Cross-Complaint. Defendant Alfani filed the instant Motion to Vacate Entry of Default on February 19, 2019.

Discussion

Defendant Alfani moves for relief from the entry of default on ACIC’s Cross-Complaint pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) The motion is brought pursuant to discretionary relief prong of section 473, subdivision (b) for Defendant’s own mistake, inadvertence, surprise or neglect.

Defendant filed the instant Motion three months after entry of default. The declaration in support of ACIC’s opposition demonstrates that following the withdrawal of Defendant Alfani’s former counsel in September 2019, Defendant Alfani was in contact with different attorneys regarding this action. (Opp., Kim Decl., ¶¶11-19.) This is corroborated by Defendant Alfani’s declaration. (Motion, Alfani Decl., ¶11.) The Court finds that the Motion was filed within a reasonable amount of time after entry of default given Defendant Alfani’s attempts to communicate with attorneys regarding this case before determining he should file the instant Motion to Vacate himself.

The Motion is also supported by an affidavit of fault that explains Defendant Alfani’s failure to respond to the Cross-Complaint was the result of mistake, inadvertence, surprise or excusable neglect. Defendant Alfani has participated in this action, sought to defend it, and participated in all proceedings until default was entered on the Cross-Complaint. He did not realize that failing to file a responsive pleading to the Cross-Complaint, despite having participated fully until that time, would result in entry of default. Accordingly, Defendant has demonstrated the default entered on November 13, 2019 was the result of his surprise, mistake, inadvertence or excusable neglect. Finally, the Motion is accompanied by a copy of Defendant Alfani’s proposed Answer to the Complaint, as required by Code of Civil Procedure section 473, subdivision (b).

Based on the foregoing, Defendant Mahmood Alfani’s Motion to Vacate Entry of Default is GRANTED. THE DEFAULT ENTERED ON NOVEMBER 13, 2019 IS VACATED. DEFENDANT MAHMOOD ALFANI IS TO FILE AND SERVE HIS RESPONSIVE PLEADING WITHIN TEN (10) DAYS.

Moving party to give notice.