This case was last updated from Los Angeles County Superior Courts on 03/21/2020 at 00:09:28 (UTC).

CARLOS MEDRANO, ET AL. VS JESUS MANUEL COLLANTES

Case Summary

On 09/20/2018 CARLOS MEDRANO filed a Personal Injury - Motor Vehicle lawsuit against JESUS MANUEL COLLANTES. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1993

  • Filing Date:

    09/20/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs

MEDRANO CARLOS

VELASQUEZ ZURI

Defendant

COLLANTES JESUS MANUEL

Attorney/Law Firm Details

Plaintiff Attorney

LEE EDWARD JOON

Defendant Attorney

BORDIN-WOSK JOSHUA

 

Court Documents

Request for Dismissal - Request for Dismissal

2/20/2020: Request for Dismissal - Request for Dismissal

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

5/17/2019: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Answer - Answer

7/19/2019: Answer - Answer

Civil Case Cover Sheet

9/20/2018: Civil Case Cover Sheet

Summons - on Complaint

9/20/2018: Summons - on Complaint

Complaint

9/20/2018: Complaint

Notice of Case Assignment - Limited Civil Case

9/20/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 02/24/2020
  • DocketNon-Jury Trial scheduled for 03/19/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/24/2020

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  • 02/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/23/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/24/2020

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  • 02/20/2020
  • DocketOn the Complaint filed by Carlos Medrano, et al. on 09/20/2018, entered Request for Dismissal with prejudice filed by Carlos Medrano and Zuri Velasquez as to the entire action

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  • 02/20/2020
  • DocketRequest for Dismissal; Filed by: Carlos Medrano (Plaintiff); Zuri Velasquez (Plaintiff); As to: Jesus Manuel Collantes (Defendant)

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  • 02/20/2020
  • DocketUpdated -- Edward Joon Lee (Attorney): Organization Name: Joon Lee, a law corporation

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  • 02/20/2020
  • DocketAddress for Edward Joon Lee (Attorney) updated

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  • 07/19/2019
  • DocketAnswer; Filed by: Jesus Manuel Collantes (Defendant); As to: Carlos Medrano (Plaintiff)

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  • 05/17/2019
  • DocketProof of Mailing (Substituted Service); Filed by: Carlos Medrano (Plaintiff); Zuri Velasquez (Plaintiff); As to: Jesus Manuel Collantes (Defendant); Mailing Date: 05/14/2019; Service Cost: 50.00; Cost Waived: No

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  • 09/20/2018
  • DocketComplaint; Filed by: Carlos Medrano (Plaintiff); Zuri Velasquez (Plaintiff); As to: Jesus Manuel Collantes (Defendant)

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  • 09/20/2018
  • DocketCivil Case Cover Sheet; Filed by: Carlos Medrano (Plaintiff); Zuri Velasquez (Plaintiff)

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  • 09/20/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/20/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/20/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 09/20/2018
  • DocketNon-Jury Trial scheduled for 03/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/20/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/23/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC11993    Hearing Date: February 04, 2020    Dept: 25

MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant David Paul’s Motion is DENIED as to setting aside Default. Defendant’s request as to the Default Judgment is CONTINUED to MARCH 13, 2020 at 10:30 a.m. in Department 25, SPRINF STREET COURTHOUSE. At least 16 court days prior to the new hearing date, Paul must file and serve supplemental papers in accordance with Code of Civil Procedure, section 1005(b) that address the defects identified herein. Failure to comply with the Court’s orders may result in the motion being placed off calendar or denied.

ANALYSIS:

I. Background

On September 19, 2018, Plaintiff U.S. Foods (“Plaintiff”) filed an action for breach of contract, open book account, account stated, reasonable value, and breach of guaranty against Defendants Phat & Juicy Chicken & Waffles (“Phat & Juicy”) and David Paul (“Paul”). Plaintiff filed a proof of service demonstrating Paul was served with the Summons & Complaint on October 26, 2018 by substituted service. (10/30/19 Proof of Service.)

On April 18, 2019, default was entered against Paul. That same day, Plaintiff filed a request to dismiss Phat & Juicy from this action. On June 11, 2019, default judgment was entered against Paul in the amount of $16,742.62, which included the principal amount of $11,064.41, prejudgment interest of $2,828.28, attorney’s fees of $721.93, costs of $628.00, and NSF damages in the amount of $1,500. (6/24/19 Judgment.)

On December 6, 2019, Paul filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”). To date, no opposition or reply briefs have been filed.

II. Legal Standard & Discussion

Paul alleges he was a victim of identity theft, and because of that, he did not file a timely response to the complaint. (Mot., Paul Decl., p. 1.)

Code of Civil Procedure section 473 provides that the Court may, “upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) Applications for relief under this section must be made “within a reasonable time, in no case exceeding six months…” (Id.) (Italics added.)

Because default was entered against Paul more than six months prior to the filing of this Motion, it is untimely and is thus DENIED.

Default judgment, however, was entered within six months of the filing of this Motion, and thus Paul’s request to set aside default judgment is timely. However, his Motion does not allege that default judgment was entered against him due to his “mistake, inadvertence, surprise, or excusable neglect.” For example, he does not allege that he was mistaken about whether or when he had to file an answer under these circumstances. Instead, Paul discusses at length the interactions he had with a third party, Pawnee Leasing Corporation (“Pawnee”), regarding his alleged identity theft, and repeatedly states that he was erroneously named as a defendant in multiple lawsuits. (Mot., Paul Decl., pp. 1-2.) Paul may file an amended declaration that conforms to the requirements of Code of Civil Procedure section 473, subdivision (b).)

In addition, while Paul includes a proof of service indicating the Notice of Motion and Motion was servied by personal service and by mail, it does not indicate the date on which the moving papers were served. Without this date, it is impossible to determine whether Plaintiff was served at least 16 court days before the hearing as required by Code of Civil Procedure section 1005, subdivision (b). Furthermore, the proof of service is not signed by the person who purportedly served the papers. Paul is ordered to file an amended proof of service correcting these defects.

III. Conclusion & Order

For the foregoing reasons, Defendant David Paul’s Motion is DENIED as to setting aside Default. Defendant’s request as to the Default Judgment is CONTINUED to MARCH 13, 2020 at 10:30 a.m. in Department 25, SPRING STREET COURTHOUSE. At least 16 court days prior to the new hearing date, Paul must file and serve supplemental papers in accordance with Code of Civil Procedure, section 1005(b) that address the defects identified herein. Failure to comply with the Court’s orders may result in the motion being placed off calendar or denied.

Moving party is ordered to give notice.