This case was last updated from Los Angeles County Superior Courts on 07/14/2021 at 05:38:43 (UTC).

CHRISTOPHER MARTINEZ VS BOLDWELL, INC., ET AL.

Case Summary

On 11/06/2019 CHRISTOPHER MARTINEZ filed a Civil Right - Other Civil Right lawsuit against BOLDWELL, 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0212

  • Filing Date:

    11/06/2019

  • Case Status:

    Other

  • Case Type:

    Civil Right - Other Civil Right

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MARTINEZ CHRISTOPHER

Defendants

BOLDWELL INC.

NUNO RUBY

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

Defendant Attorney

STUART JOSLYN

 

Court Documents

Answer - Answer

8/19/2020: Answer - Answer

Request for Dismissal - Request for Dismissal

2/23/2021: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

8/17/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Answer - Answer

5/15/2020: Answer - Answer

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

5/21/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Entry of Judgment or Order

3/20/2020: Notice (name extension) - Notice of Entry of Judgment or Order

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

1/16/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

1/16/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal - Request for Dismissal

1/16/2020: Request for Dismissal - Request for Dismissal

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

1/16/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Default Judgment - Default Judgment

2/5/2020: Default Judgment - Default Judgment

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

2/13/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Answer - Answer

2/13/2020: Answer - Answer

Declaration (name extension) - Declaration Ruby Nuno

2/13/2020: Declaration (name extension) - Declaration Ruby Nuno

Declaration (name extension) - Declaration Joslyn Stuart

2/13/2020: Declaration (name extension) - Declaration Joslyn Stuart

Complaint - Complaint

11/6/2019: Complaint - Complaint

Summons - Summons on Complaint

11/6/2019: Summons - Summons on Complaint

15 More Documents Available

 

Docket Entries

  • 03/01/2021
  • DocketNon-Jury Trial scheduled for 05/05/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/01/2021

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  • 03/01/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/09/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/01/2021

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  • 02/23/2021
  • DocketOn the Complaint filed by Christopher Martinez on 11/06/2019, entered Request for Dismissal with prejudice filed by Christopher Martinez as to the entire action

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  • 08/19/2020
  • DocketAnswer; Filed by: Ruby Nuno (Defendant); As to: Christopher Martinez (Plaintiff)

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  • 08/19/2020
  • DocketNotice to Attend Trial; Filed by: Christopher Martinez (Plaintiff); As to: Ruby Nuno (Defendant)

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  • 08/17/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

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  • 08/17/2020
  • DocketOn the Complaint filed by Christopher Martinez on 11/06/2019, Default entered on 01/16/2020, Vacated - .

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  • 08/17/2020
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 08/17/2020 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/17/2020; Result Type to Held - Motion Granted

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  • 05/21/2020
  • DocketProof of Service by Substituted Service; Filed by: Christopher Martinez (Plaintiff); As to: Boldwell, Inc. (Defendant); Proof of Mailing Date: 03/18/2020; Service Cost: 40.00; Service Cost Waived: Yes

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  • 05/15/2020
  • DocketAnswer; Filed by: Boldwell, Inc. (Defendant); As to: Christopher Martinez (Plaintiff)

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19 More Docket Entries
  • 11/06/2019
  • DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Boldwell, Inc. (Defendant); Ruby Nuno (Defendant)

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  • 11/06/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 11/06/2019
  • DocketSummons on Complaint; Issued and Filed by: Christopher Martinez (Plaintiff); As to: Boldwell, Inc. (Defendant); Ruby Nuno (Defendant)

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  • 11/06/2019
  • DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)

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  • 11/06/2019
  • DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff); As to: Boldwell, Inc. (Defendant); Ruby Nuno (Defendant)

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  • 11/06/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/06/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/06/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Christopher Martinez (Plaintiff)

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  • 11/06/2019
  • DocketNon-Jury Trial scheduled for 05/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/06/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/09/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC10212    Hearing Date: August 17, 2020    Dept: 25

HEARING DATE: Mon., August 17, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Martinez v. Boldwell, Inc., et al. COMPL. FILED: 11-06-19

CASE NUMBER: 19STLC10212 DISC. C/O: 04-05-21

NOTICE: OK DISC. MOT. C/O: 04-20-21

TRIAL DATE: 05-05-21

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT

MOVING PARTY: Defendant Ruby Nuno

RESP. PARTY: None

MOTION TO SET ASIDE/VACATE DEFAULT

(CCP § 473.5)

TENTATIVE RULING:

Defendant Ruby Nuno’s Motion to Set Aside Default is GRANTED. The default entered on January 16, 2020 is HEREBY VACATED. Proposed answer to be filed within ten (10) days of notice of this order.

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 August 13, 2020 [ ] Late [X] None

REPLY: None filed as of August 13, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On November 6, 2019, Plaintiff Christopher Martinez (“Plaintiff”) filed an action for violation of the Unruh Civil Rights Act against Defendants Boldwell, Inc. (“Boldwell”) and Ruby Nuno (“Nuno”) (collectively, “Defendants”). On January 16, 2020, Plaintiff filed a proof of service purporting to show that each Defendant was served via substitute service on December 4, 2019. (1/16/20 Proof of Service.)

On January 16, 2020, Plaintiff filed a request for entry of default as to both Defendants. (1/16/20 Request for Entry of Default.) That same day, default was entered as to Defendant Nuno but not entered as to Defendant Boldwell. (Id.) The clerk noted that Defendant Boldwell, as a corporation, could not be served at a mail center, and requested a new proof of service. (1/16/20 Notice of Rejection Default.)

On February 13, 2020, Defendants filed the instant Motion to Set Aside Default (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

“‘A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action’ [citation], and a defendant has an absolute right to demand that process be issued against him in a manner prescribed by law.” (Mannesmann DeMag, Ltd. v. Superior Court (1985) 172 Cal.App.3d 1118, 1122.) “Constitutional due process requirements are satisfied where the form of service provided and employed is reasonably calculated to give a litigant actual notice of the proceedings and an opportunity to be heard.” (Crescendo Corp. v. Shelted, Inc. (1968) 267 Cal.App.2d 209, 213.) “‘[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.] Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. [Citation.]’” (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) The Court may set aside any void judgment or order at any time. (Code Civ. Proc., § 473, subd. (d); Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249.)

  1. Discussion

Defendant Nuno seeks to set aside the default entered against her on January 16, 2020 because she was never personally served and because substitute service at her post office box was improper. (Id. at pp. 3:27-4:6; 5:7-11.)

The proof of service filed as to Defendant Nuno demonstrates a deputy sheriff left copies of the Summons and Complaint with “Peter/Manager at Postal Center and More” on December 4, 2019 at 8149 Santa Monica Blvd. # 353, West Hollywood, CA 90046 (the “Private Mailbox Address”) at 10:25 a.m. (1/16/20 Proof of Service.) Notably, the deputy listed this same attempt (i.e., December 4, 2019 at 10:25 a.m.) as a previous attempt in the attached declaration of due diligence. (Id.) Thus, Plaintiff’s first and only attempt to serve Defendant Nuno was at her private mailbox. (See id.)

Code of Civil Procedure section 415.20, subdivision (c), provides that, “if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the commercial mail receiving agency…” (Italics added.)

Here, the declaration of due diligence accompanying the proof of service does not indicate whether the Private Mailbox Address was the only address reasonably known for Defendant Nuno. Nor has Plaintiff filed an opposition demonstrating service at a private mailbox at the first attempt was proper. Thus, service of process on Defendant Nuno was improper and the Court never acquired jurisdiction over her. Accordingly, the default is void and should be vacated.

  1. Conclusion & Order

For the foregoing reasons, Defendant Ruby Nuno’s Motion to Set Aside Default is GRANTED. The default entered on January 16, 2020 is HEREBY VACATED. Proposed answer to be filed within ten (10) days of notice of this order.

Moving party is ordered to give notice.

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