Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 06/07/2021 at 01:26:59 (UTC).

CAMERON SCHNELL VS POLARIS PROPERTY MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Case Summary

On 07/28/2020 CAMERON SCHNELL filed a Contract - Business lawsuit against POLARIS PROPERTY MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6319

  • Filing Date:

    07/28/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

SCHNELL CAMERON

Defendant

POLARIS PROPERTY MANAGEMENT LLC A CALIFORNIA LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

OLLINGER JOSEPH B.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 05/26/2021

5/26/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 05/26/2021

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

3/23/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Writ of Execution - Writ of Execution (LOS ANGELES)

3/24/2021: Writ of Execution - Writ of Execution (LOS ANGELES)

Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

3/24/2021: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

1/27/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

1/29/2021: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

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

1/29/2021: 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

Writ of Execution - Writ of Execution

2/4/2021: Writ of Execution - Writ of Execution

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

1/8/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

12/21/2020: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

11/2/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

11/2/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

11/2/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Notice of Ruling - Notice of Ruling

11/23/2020: Notice of Ruling - Notice of Ruling

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

9/28/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Proof of Service by Substituted Service - Proof of Service by Substituted Service

8/5/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

7/28/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

7/28/2020: First Amended Standing Order - First Amended Standing Order

18 More Documents Available

 

Docket Entries

  • 06/29/2021
  • Hearing06/29/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)

    Read MoreRead Less
  • 05/26/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 06/29/2021 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 05/26/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

    Read MoreRead Less
  • 05/26/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 05/26/2021; Filed by: Clerk

    Read MoreRead Less
  • 05/26/2021
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 05/26/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 06/29/2021 10:30 AM

    Read MoreRead Less
  • 04/30/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 05/26/2021 at 10:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/29/2021
  • DocketMotion for Order VACATING AND SETTING ASIDE DEFAULT JUDGMENT; Filed by: POLARIS PROPERTY MANAGEMENT, LLC, a California limited liability company (Defendant)

    Read MoreRead Less
  • 03/24/2021
  • DocketWrit of Execution (LOS ANGELES); Issued by: Cameron Schnell (Plaintiff); As to: POLARIS PROPERTY MANAGEMENT, LLC, a California limited liability company (Defendant); County: LOS ANGELES

    Read MoreRead Less
  • 03/24/2021
  • DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by: Cameron Schnell (Plaintiff)

    Read MoreRead Less
  • 03/24/2021
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Cameron Schnell (Plaintiff); As to: POLARIS PROPERTY MANAGEMENT, LLC, a California limited liability company (Defendant); Costs: 89.60; Interest: 1159.09; Credits: 0.00; Service Date: 03/23/2021

    Read MoreRead Less
25 More Docket Entries
  • 09/28/2020
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Cameron Schnell (Plaintiff)

    Read MoreRead Less
  • 08/05/2020
  • DocketProof of Service by Substituted Service; Filed by: Cameron Schnell (Plaintiff); As to: POLARIS PROPERTY MANAGEMENT, LLC, a California limited liability company (Defendant); Proof of Mailing Date: 08/05/2020; Service Cost: 79.75; Service Cost Waived: No

    Read MoreRead Less
  • 07/28/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 07/28/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 07/28/2020
  • DocketSummons on Complaint; Issued and Filed by: Cameron Schnell (Plaintiff); As to: POLARIS PROPERTY MANAGEMENT, LLC, a California limited liability company (Defendant)

    Read MoreRead Less
  • 07/28/2020
  • DocketCivil Case Cover Sheet; Filed by: Cameron Schnell (Plaintiff); As to: POLARIS PROPERTY MANAGEMENT, LLC, a California limited liability company (Defendant)

    Read MoreRead Less
  • 07/28/2020
  • DocketComplaint; Filed by: Cameron Schnell (Plaintiff); As to: POLARIS PROPERTY MANAGEMENT, LLC, a California limited liability company (Defendant)

    Read MoreRead Less
  • 07/28/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/01/2023 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 07/28/2020
  • DocketNon-Jury Trial scheduled for 01/25/2022 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 07/28/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC06319    Hearing Date: May 26, 2021    Dept: 25

PROCEEDINGS: MOTION FOR ORDER VACATING AND SETTING ASIDE DEFAULT JUDGMENT

MOVING PARTY: Defendant Polaris Property Management, LLC

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Defendant Polaris Management, LLC’s Motion for Order Vacating and Setting Aside Default Judgment is CONTINUED TO JUNE 29, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers correcting the errors noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of May 24, 2021 [ ] Late [X] None

REPLY: None filed as of May 24, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On July 28, 2020, Plaintiff Cameron Schnell (“Plaintiff”) filed an action against Defendant Polaris Property Management, LLC (“Defendant”). Following Defendant’s failure to file a responsive pleading, default was entered against it on November 2, 2020. A default judgment of $33,845.70 was entered on November 17, 2020.

Defendant filed the instant Motion for Order Vacating and Setting Aside Default Judgment (the “Motion”) on April 29, 2021. No opposition was filed.

II. Legal Standard & Discussion

Defendant seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 1) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding 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.)

Defendant’s Motion is not accompanied by an affidavit of fault as required by Section 473, subdivision (b). In its Motion, Defendant explains it believed its insurance company would provide a defense. (Mot., pp. 4-5.) Defendant states that it tendered the Complaint to its insurance company on August 7, 2020 and that on August 18, 2020, Defendant’s insurance company stated it was in the process of analyzing coverage. (Id.) The case was not referred to counsel by the insurance carrier until mid-December, at which time default and default judgment had already been entered. (Id.) However, without a declaration attesting to Defendant’s reliance, the Court cannot grant relief.

Defendant’s counsel provides his declaration stating that the parties entered into a settlement agreement on April 2, 2021, which includes a provision relating to setting aside the default and default judgment. (Id., Coronel Decl., ¶ 6.) Although counsel states a copy of this agreement was attached as Exhibit A to the Motion, no such copy was filed.

Thus, the Court is unable to grant the Motion at this time. Defendant is ordered to file and serve supplemental papers correcting the errors noted above.

III. Conclusion & Order

For the foregoing reasons, Defendant Polaris Management, LLC’s Motion for Order Vacating and Setting Aside Default Judgment is CONTINUED TO JUNE 29, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers correcting the errors noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where POLARIS PROPERTY MANAGEMENT LLC A CALIFORNIA LIMITED LIABILITY COMPANY is a litigant

Latest cases represented by Lawyer OLLINGER JOSEPH B.