This case was last updated from Los Angeles County Superior Courts on 05/02/2021 at 00:01:57 (UTC).

CANYON OAKS HOMEOWNERS ASSOCIATION VS JUAN CARLOS ARROYO

Case Summary

On 04/27/2018 CANYON OAKS HOMEOWNERS ASSOCIATION filed an Other lawsuit against JUAN CARLOS ARROYO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6701

  • Filing Date:

    04/27/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Other

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

CANYON OAKS HOMEOWNERS ASSOCIATION

Defendant

ARROYO JUAN CARLOS

Attorney/Law Firm Details

Plaintiff Attorney

MEDIONI DANIEL M

 

Court Documents

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

2/25/2020: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

Notice (name extension) - Notice OF CONTINUANCE OF ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT AND DEFAULT JUDGMENT/DISMISSAL

3/25/2020: Notice (name extension) - Notice OF CONTINUANCE OF ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT AND DEFAULT JUDGMENT/DISMISSAL

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

8/31/2020: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default and Default Judgment...) of 02/10/2021

2/10/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default and Default Judgment...) of 02/10/2021

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

2/10/2021: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

Motion to Vacate (name extension) - Motion to Vacate Notice of Motion and Motion to Vacate Dismissal and Reinstate Case and Vacate the Default; Memorandum of Points and Authorities in Support Thereof;

4/22/2021: Motion to Vacate (name extension) - Motion to Vacate Notice of Motion and Motion to Vacate Dismissal and Reinstate Case and Vacate the Default; Memorandum of Points and Authorities in Support Thereof;

Minute Order - Minute Order (Non-Jury Trial)

10/25/2019: Minute Order - Minute Order (Non-Jury Trial)

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

10/23/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice (name extension) - of pendency of action

6/29/2018: Notice (name extension) - of pendency of action

Summons - on Complaint

4/27/2018: Summons - on Complaint

Civil Case Cover Sheet

4/27/2018: Civil Case Cover Sheet

Complaint

4/27/2018: Complaint

Notice of Case Assignment - Limited Civil Case

4/27/2018: Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 05/19/2021
  • Hearing05/19/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Vacate (name extension)

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  • 04/23/2021
  • DocketHearing on Motion to Vacate Motion to Vacate Dismissal and Reinstate Case and Vacate Default scheduled for 05/19/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 04/22/2021
  • DocketMotion to Vacate Notice of Motion and Motion to Vacate Dismissal and Reinstate Case and Vacate the Default; Memorandum of Points and Authorities in Support Thereof; Declarations in Support Thereof; Filed by: Canyon Oaks Homeowners Association (Plaintiff)

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  • 02/11/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/30/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/11/2021

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  • 02/10/2021
  • DocketOn the Complaint filed by Canyon Oaks Homeowners Association on 04/27/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 02/10/2021
  • DocketMinute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

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  • 02/10/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Entry of Default and Default Judgment...) of 02/10/2021; Filed by: Clerk

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  • 02/10/2021
  • DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 02/10/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/10/2021; Result Type to Held

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  • 08/31/2020
  • DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 02/10/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 08/31/2020
  • DocketMinute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

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7 More Docket Entries
  • 10/25/2019
  • DocketNon-Jury Trial scheduled for 10/25/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/25/2019; Result Type to Held

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  • 10/23/2018
  • DocketProof of Service by Substituted Service; Filed by: Canyon Oaks Homeowners Association (Plaintiff); As to: Juan Carlos Arroyo (Defendant); Proof of Mailing Date: 10/02/2018; Service Cost: 0.00; Service Cost Waived: No

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  • 06/29/2018
  • DocketNotice of pendency of action; Filed by: Canyon Oaks Homeowners Association (Plaintiff); As to: Juan Carlos Arroyo (Defendant)

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  • 04/27/2018
  • DocketComplaint; Filed by: Canyon Oaks Homeowners Association (Plaintiff); As to: Juan Carlos Arroyo (Defendant)

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  • 04/27/2018
  • DocketCivil Case Cover Sheet; Filed by: Canyon Oaks Homeowners Association (Plaintiff)

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  • 04/27/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 04/27/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/27/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 04/27/2018
  • DocketNon-Jury Trial scheduled for 10/25/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/27/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/30/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC06701    Hearing Date: May 19, 2021    Dept: 26

Canyon Oaks HOA v. Arroyo, et al

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Canyon Oaks Homeowners Association’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON FEBRUARY 10, 2021 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT AND DEFAULT JUDGMENT SET FOR JUNE 16, 2021 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On April 27, 2018, Plaintiff Canyon Oaks Homeowners Association (“Plaintiff”) filed the instant action against Defendant Juan Carlos Arroyo (“Defendant”). On the October 25, 2019 trial date, Plaintiff indicated that it needed more time to ensure that service on Defendant was correct. (Minute Order, 10/25/19.) The Court vacated the trial date and set an Order to Show Cause Re: Failure to File Proof of Service for February 25, 2020. (Ibid.) After the Order to Show Cause Re: Failure to File Proof of Service was discharged, the Court set an Order to Show Cause Re: Entry of Default and Default Judgment for February 10, 2021. (Minute Order, 08/31/20.)

When Plaintiff failed to appear for the February 10, 2021 Order to Show Case, the Court dismissed the action without prejudice. (Minute Order, 02/10/21.) Plaintiff filed the instant Motion to Vacate Dismissal on April 22, 2021.

Discussion

Plaintiff seeks relief from the dismissal entered on February 10, 2021 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.) When based on an attorney affidavit of fault, the relief sought must be granted if the statutory requirements are satisfied. (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 612.)

The Motion was timely brought within six months of dismissal of the action and is accompanied by an attorney affidavit of fault. Plaintiff’s counsel mis-calendared the Order to Show Cause and, as a result, failed to appear. (Motion, Medioni Decl., ¶¶9-11.) Based on the timely filing of the Motion and the supporting attorney affidavit of fault, Plaintiff is entitled to an order vacating the dismissal entered on February 10, 2021.

Conclusion

Plaintiff Canyon Oaks Homeowners Association’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON FEBRUARY 10, 2021 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT AND DEFAULT JUDGMENT SET FOR JUNE 16, 2021 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

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