This case was last updated from Los Angeles County Superior Courts on 10/11/2021 at 00:50:32 (UTC).

CATALINO TELLEZ-ESTEFES VS SOUTHGATE AUTO, INC., ET AL.

Case Summary

On 04/01/2020 CATALINO TELLEZ-ESTEFES filed a Contract - Other Contract lawsuit against SOUTHGATE AUTO, INC . 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:

    *******2908

  • Filing Date:

    04/01/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

TELLEZ-ESTEFES CATALINO

Defendants

HUDSON INSURANCE COMPANY

SOUTHGATE AUTO INC. DBA EXPRESS AUTO LENDING

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

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

12/3/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration of Kasra In Support of Plaintiff's Proposed Judgment and Motion for Attorney's Fees

5/20/2021: Declaration (name extension) - Declaration Declaration of Kasra In Support of Plaintiff's Proposed Judgment and Motion for Attorney's Fees

Summary of the Case - Summary of the Case

5/20/2021: Summary of the Case - Summary of the Case

Motion re: (name extension) - Motion re: Plaintiff's Notice of Motion and Motion for Attorney's Fees in the Amount of $17,698.50 filed along with Plaintiff's Request for default Judgment

5/20/2021: Motion re: (name extension) - Motion re: Plaintiff's Notice of Motion and Motion for Attorney's Fees in the Amount of $17,698.50 filed along with Plaintiff's Request for default Judgment

Declaration (name extension) - Declaration Declaration of Dennis McDonald in Support of Plaintiff's Motion for Court Judgment

5/20/2021: Declaration (name extension) - Declaration Declaration of Dennis McDonald in Support of Plaintiff's Motion for Court Judgment

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

5/20/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Attorney Fees) of 09/16/2021

9/16/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Attorney Fees) of 09/16/2021

Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

9/16/2021: Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

Declaration (name extension) - Declaration Declaration of Catalino Tellez-Estefes in Support of Plaintiff's Proposed Court Judgment

9/21/2021: Declaration (name extension) - Declaration Declaration of Catalino Tellez-Estefes in Support of Plaintiff's Proposed Court Judgment

Declaration (name extension) - Declaration Declaration of Dennis McDonald in Support of Plaintiff's Motion for Court Judgment

9/21/2021: Declaration (name extension) - Declaration Declaration of Dennis McDonald in Support of Plaintiff's Motion for Court Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/22/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Dismissal - Request for Dismissal

5/8/2020: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

5/8/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

5/8/2020: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

4/1/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/1/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

4/1/2020: First Amended Standing Order - First Amended Standing Order

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

4/1/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

16 More Documents Available

 

Docket Entries

  • 09/28/2021
  • DocketDefault judgment by Court entered for Plaintiff Catalino Tellez-Estefes against Defendant Westlake Services, LLC DBA Westlake Financial Services on the Complaint filed by Catalino Tellez-Estefes on 04/01/2020 for damages of $8,124.79 and costs of $775.10 for a total of $8,899.89.; Other: Interest in the Amount of 10% per annum.

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  • 09/28/2021
  • DocketOrder Plaintiff's [Proposed] Judgment; Signed and Filed by: Catalino Tellez-Estefes (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 09/28/2021
  • DocketNon-Jury Trial scheduled for 09/29/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/28/2021

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  • 09/28/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/05/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/28/2021

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  • 09/22/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 09/21/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Catalino Tellez-Estefes (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 09/21/2021
  • DocketDeclaration Declaration of Dennis McDonald in Support of Plaintiff's Motion for Court Judgment; Filed by: Catalino Tellez-Estefes (Plaintiff)

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  • 09/21/2021
  • DocketDeclaration Declaration of Catalino Tellez-Estefes in Support of Plaintiff's Proposed Court Judgment; Filed by: Catalino Tellez-Estefes (Plaintiff)

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  • 09/21/2021
  • DocketDeclaration Declaration of Kasra In Support of Plaintiff's Proposed Judgment; Filed by: Catalino Tellez-Estefes (Plaintiff)

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  • 09/21/2021
  • DocketSummary of the Case; Filed by: Catalino Tellez-Estefes (Plaintiff)

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22 More Docket Entries
  • 05/08/2020
  • DocketAddress for Kasra Sadr (Attorney) updated

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  • 05/08/2020
  • DocketProof of Service - No Service; Filed by: Catalino Tellez-Estefes (Plaintiff); As to: Southgate Auto, Inc. (Defendant)

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  • 04/01/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/05/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/01/2020
  • DocketNon-Jury Trial scheduled for 09/29/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/01/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/01/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/01/2020
  • DocketCivil Case Cover Sheet; Filed by: Catalino Tellez-Estefes (Plaintiff); As to: Southgate Auto, Inc. (Defendant); Westlake Services, LLC (Defendant); Hudson Insurance Company (Defendant)

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  • 04/01/2020
  • DocketSummons on Complaint; Issued and Filed by: Catalino Tellez-Estefes (Plaintiff); As to: Southgate Auto, Inc. (Defendant); Westlake Services, LLC (Defendant); Hudson Insurance Company (Defendant)

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  • 04/01/2020
  • DocketComplaint; Filed by: Catalino Tellez-Estefes (Plaintiff); As to: Southgate Auto, Inc. (Defendant); Westlake Services, LLC (Defendant); Hudson Insurance Company (Defendant)

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  • 04/01/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC02908 Hearing Date: September 16, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nFOR ATTORNEY’S FEES IN THE AMOUNT OF $17,698.50

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MOVING PARTY: Plaintiff\r\nCatalino Tellez-Estefes

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RESP. PARTY: None

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MOTION FOR ATTORNEY’S FEES

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(CCP §§ 1032, 1033.5; Civ. Code § 1780)

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TENTATIVE RULING:

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Plaintiff Catalino Tellez-Estefes’\r\nMotion for Attorney’s Fees in the Amount of $17,698.50 is DENIED WITHOUT\r\nPREJUDICE.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of September\r\n14, 2021 [ ] Late [X] None

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REPLY: None filed as\r\nof September 14, 2021 [ ]\r\nLate [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On April 1, 2020, Plaintiff Catalino Tellez-Estefes\r\n(“Plaintiff”) filed an action alleging violations of the Consumer Legal\r\nRemedies Act, violation of the California Business and Professions Code,\r\nnegligent misrepresentation, violation of Civil Code section 1632, breach of\r\nthe implied warranty of merchantability, and a claim against surety against\r\nDefendants Southgate Auto, Inc. dba Express Auto Lending (“Southgate Auto”),\r\nWestlake Services, LLC dba Westlake Financial Services (“Westlake”) and Hudson\r\nInsurance Company (“Hudson”).

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Pursuant to Plaintiff’s request, Defendants Hudson and\r\nSouthgate Auto were dismissed from this action on May 12, 2020 and June 19,\r\n2020, respectively.

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Following Defendant Westlake’s failure to respond,\r\ndefault was entered against it on December 3, 2020. (12/3/20 Request for Entry\r\nof Default.)

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Plaintiff filed the instant Motion for Attorney’s Fees in\r\nthe Amount of $17,698.50 (the “Motion”) on May 20. No opposition was filed.

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II. \r\nLegal\r\nStandard & Discussion

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Plaintiff argues that Defendant\r\nWestlake defaulted in this matter, making Plaintiff the prevailing party in\r\nthis action, and as such, Plaintiff is entitled to attorney’s fees of $17,698.50.\r\n(Mot., p. 3.)

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First, although Defendant Westlake has defaulted, the\r\nCourt has not yet entered a default judgment against it. Thus, Plaintiff is not\r\nyet the prevailing party.

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More importantly, Plaintiff has not\r\ndemonstrated Plaintiff is entitled to the amount of attorney’s fees sought.\r\nLocal Rule 3.214, subdivision (a), provides that, in default cases, when\r\nattorney’s fees are permitted by promissory note, contract, or statute, the\r\nfollowing limits apply:

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“$0.01 to $1,000, 15% with a minimum of $75.00;

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$1,000.01 to $10,000, $150 plus 6% of the excess over\r\n$1,000;

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$10,000.01 to $50,000, $690 plus 3% of the excess over\r\n$10,000;

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$50,000.01 to $100,000, $1,890 plus 2% of the excess over\r\n$50,000;

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Over $100,000, $2,890 plus 1% of the excess over\r\n$100,000.”

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Plaintiff’s Complaint sets forth\r\nthat Plaintiff seeks more than $10,000, but less than $25,000 in damages.\r\nBecause Plaintiff’s request for $17,698.50 in fees in a default action that\r\nseeks no more than $25,000.00 in damages violates Rule 3.214, this Motion is\r\nDENIED.

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III. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nCatalino Tellez-Estefes’ Motion for Attorney’s Fees in the Amount of $17,698.50\r\nis DENIED WITHOUT PREJUDICE.

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Moving party is ordered to give\r\nnotice.

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