This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 22:55:21 (UTC).

CALIFORNIA AIR CONDITIONING SYSTEM, INC. VS DDC GROUP, INC., ET AL.

Case Summary

On 04/09/2018 a Contract - Other Contract case was filed by CALIFORNIA AIR CONDITIONING SYSTEM, INC against DDC GROUP, INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5332

  • Filing Date:

    04/09/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GEORGINA T. RIZK

 

Party Details

Plaintiff

CALIFORNIA AIR CONDITIONING SYSTEM INC.

Defendants

CENTURY CITY MALL LLC

DDC GROUP INC.

 

Court Documents

Civil Case Cover Sheet

4/9/2018: Civil Case Cover Sheet

Complaint

4/9/2018: Complaint

Summons - on Complaint

4/9/2018: Summons - on Complaint

Answer

5/24/2018: Answer

Answer

6/6/2018: Answer

Notice of Stay of Proceedings (Bankruptcy)

6/19/2018: Notice of Stay of Proceedings (Bankruptcy)

Minute Order - Minute Order (Non-Appearance Case Review Re: Bankruptcy)

12/17/2018: Minute Order - Minute Order (Non-Appearance Case Review Re: Bankruptcy)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Appearance Case Review Re: Bankruptcy) of 12/17/2018

12/17/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Appearance Case Review Re: Bankruptcy) of 12/17/2018

Declaration (name extension) - Declaration Re: Status of Bankruptcy

6/6/2019: Declaration (name extension) - Declaration Re: Status of Bankruptcy

Notice (name extension) - Notice Notice of Continued Status Conference Re: Automatic Stay

6/24/2019: Notice (name extension) - Notice Notice of Continued Status Conference Re: Automatic Stay

Proof of Personal Service

5/1/2018: Proof of Personal Service

Proof of Personal Service

4/24/2018: Proof of Personal Service

Notice of Case Assignment - Limited Civil Case

4/9/2018: Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 12/23/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 06/24/2019
  • DocketNotice Notice of Continued Status Conference Re: Automatic Stay; Filed by: California Air Conditioning System, Inc. (Plaintiff); As to: DDC Group, Inc. (Defendant); Century City Mall, LLC (Defendant)

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  • 06/21/2019
  • DocketPursuant to the request of defendant, Status Conference re: Automatic Stay scheduled for 06/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Party's Motion was rescheduled to 12/23/2019 08:30 AM

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  • 06/06/2019
  • DocketDeclaration Re: Status of Bankruptcy; Filed by: California Air Conditioning System, Inc. (Plaintiff)

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  • 12/17/2018
  • DocketStatus Conference re: Automatic Stay scheduled for 06/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/17/2018
  • DocketMinute Order (Non-Appearance Case Review Re: Bankruptcy)

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  • 12/17/2018
  • DocketCertificate of Mailing for Minute Order (Non-Appearance Case Review Re: Bankruptcy) of 12/17/2018; Filed by: Clerk

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  • 12/17/2018
  • DocketNon-Appearance Case Review Re: Bankruptcy scheduled for 12/17/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/17/2018; Result Type to Held

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  • 12/17/2018
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/07/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Vacated on 12/17/2018

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  • 12/17/2018
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 04/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Vacated on 12/17/2018

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4 More Docket Entries
  • 05/24/2018
  • DocketAnswer; Filed by: DDC Group, Inc. (Defendant)

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  • 05/01/2018
  • DocketProof of Personal Service; Filed by: California Air Conditioning System, Inc. (Plaintiff); As to: DDC Group, Inc. (Defendant); Service Date: 04/24/18; Service Cost: 69.50; Service Cost Waived: No

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  • 04/24/2018
  • DocketProof of Personal Service; Filed by: California Air Conditioning System, Inc. (Plaintiff); As to: Century City Mall, LLC (Defendant); Service Date: 04/13/18; Service Cost: 72.50; Service Cost Waived: No

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  • 04/09/2018
  • DocketComplaint; Filed by: California Air Conditioning System, Inc. (Plaintiff); As to: DDC Group, Inc. (Defendant); Century City Mall, LLC (Defendant)

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  • 04/09/2018
  • DocketCivil Case Cover Sheet; Filed by: California Air Conditioning System, Inc. (Plaintiff)

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  • 04/09/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 04/09/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/09/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 04/09/2018
  • DocketNon-Jury Trial scheduled for 10/07/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 04/09/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC05332    Hearing Date: January 16, 2020    Dept: 94

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff California Air Conditioning Systems, Inc.’s Motion to Set Aside Dismissal of the Action is GRANTED. THE DISMISSAL ENTERED ON NOVEMBER 4, 2019 IS HEREBY VACATED.

SUMMARY OF COMPLAINT: Action for breach of property improvement contract.

RELIEF REQUESTED: Vacate dismissal of the action on the grounds of Plaintiff’s attorney’s mistake, inadvertence, surprise or excusable neglect.

OPPOSITION: The dismissal of the entire action was a strategic error, rather than mistake, inadvertence, surprise or excusable neglect. The request to vacate the dismissal should be denied.

REPLY: None filed as of January 13, 2020.

ANALYSIS:

On April 0, 2018, Plaintiff California Air Conditioning Systems, Inc. (“Plaintiff”) filed the instant action for breach of contract and related claims against Defendants DDC Group, Inc. (“DDC”) and Century City Mall, LL (“CCM”) (“Defendants”). On June 19, 2018, DDC filed a notice of bankruptcy stay. While the stay was pending, Plaintiff filed a request for dismissal of the entire action on November 4, 2019. The dismissal was entered on the same date.

Plaintiff now brings the instant Motion to Vacate Dismissal. Defendant CCM filed an opposition declaration on January 3, 2020.

Discussion

Plaintiff seeks relief from the dismissal 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 timely brought less than six months after dismissal of the action and supported by an attorney affidavit of fault. Plaintiff’s attorney declares that the dismissal was mistakenly made as to the entire case, when the purpose was solely to dismiss DDC following its bankruptcy discharge. (Motion, Thai Decl., ¶¶2-4.) In opposition, CCD submits only a declaration by its counsel, who improperly opines that Plaintiff’s attorney’s error is insufficient to warrant relief.

The Court admonishes CCD that any opposition to the Motion must comply with the requirements of Cal. Rules of Court Rule 3.1113, subdivision (b), which states that “[t]he memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” Here, no memorandum is provided. The Court further notes that the declaration advances legal opinions regarding the validity of the Plaintiff’s request, which is also improper. This type of argument must be set forth in a memorandum and supported by authority.

Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiff’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on November 4, 2019 is hereby vacated.

Moving party to give notice.