On 10/26/2018 CHRISTOPHER MARTINEZ filed a Civil Right - Other Civil Right lawsuit against LIVE TALKS PRODUCTIONS, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
*******3507
10/26/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
MARTINEZ CHRISTOPHER
SAJE
PHR LA MART LLC
LIVE TALKS PRODUCTIONS LLC
MEHRBAN MORSE
15720 Ventura Blvd Ste 228
Encino, CA 91436
WAGENSELLER LAINE T.
1/3/2020: Reply (name extension) - Reply DEFENDANT LIVE TALKS PRODUCTIONS, LLC'S REPLY IN SUPPORT OF MOTION TO SET ASIDE DEFAULT
1/8/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))
1/14/2020: Notice of Ruling - Notice of Ruling
1/14/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
1/14/2020: Answer - Answer
2/27/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)
2/27/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)
11/6/2019: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default
9/30/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
5/6/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
5/6/2019: Proof of Personal Service - Proof of Personal Service
3/29/2019: Answer - Answer
12/20/2018: Request for Dismissal - Request for Dismissal
10/26/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
10/26/2018: Summons - Summons on Complaint
10/26/2018: Complaint - Complaint
10/26/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
10/26/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing10/14/2020 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause - Hearing (name extension)
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketOn the Court's own motion, Order to Show Cause - Hearing re: Dismissal Date scheduled for 06/04/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 10/14/2020 09:30 AM
DocketUpdated -- Notice of Settlement: As To Parties: removed
DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 06/04/2020 at 10:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 06/04/2020 at 10:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/29/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/27/2020
DocketNon-Jury Trial scheduled for 04/24/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/27/2020
DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk
DocketOn the Complaint filed by Christopher Martinez on 10/26/2018, entered Request for Dismissal without prejudice filed by Christopher Martinez as to Saje
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/29/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 04/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Christopher Martinez (Plaintiff)
DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)
DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Live Talks Productions, LLC (Defendant); Saje (Defendant); PHR La Mart LLC (Defendant)
Case Number: 18STLC13507 Hearing Date: January 08, 2020 Dept: 94
Defendant Live Talks Productions, LLC’s Motion to
Set Aside Default is GRANTED. I. Background On October 26, 2018, Plaintiff
Christopher Martinez (“Plaintiff”) filed an action for violation of the Unruh
Civil Rights Act against Live Talks Productions, LLC (“Live Talks”), Saje, and
PHR LA Mart, LLC (“PHR”) (collectively, “Defendants”). On March 29, 2019, PHR
filed an answer to Plaintiff’s complaint. Saje was dismissed from this action
on January 5, 2019, and PHR was dismissed on October 18, 2019. On May 6, 2019, default was entered
against Live Talks. On November 6, 2019, Live Talks filed the instant Motion to
Set Aside Default (the “Motion”). To date, no opposition or reply
briefs have been filed. II. Legal
Standard A. CCP §
473(b) Code of Civil Procedure section 473 provides, in pertinent
part: “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. Application
for this relief shall be accompanied by a copy of the answer…proposed to be
filed therein, otherwise the application shall not be granted, and shall be
made within a reasonable time, in no case exceeding six months after the
judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc., §
473, subd. (b).) The “[t]erm
‘surprise’ as used in section 473, refers to ‘some condition or situation in
which a party…is unexpectedly placed to his injury, without any default or
negligence of his own, which ordinary prudence could not have guarded against.’
[Citation]” (Hearn v. Howard (2009)
177 Cal.App.4th 1193, 1206.) III. Discussion Live Talks’ motion is timely and is
accompanied by a copy of the proposed answer to be filed as required. 1. Failure to Warn Live Talks argues that default
should be set aside because of the surprise tactics of Plaintiff, specifically,
not warning Live Talks it would file an application for entry of default.
(Mot., p. 2.) While as a
matter of professional courtesy counsel should give defendants notice of an
impending default, counsel is under no legal obligation to do so. (Bellm v. Bellia (1984) 150 Cal.App.3d
1036, 1038.) However, by taking a default without giving the other party
notice, plaintiff takes the risk that the trial court will grant relief from
the default in its discretion. (Id;
see also Fayusi v. Permatex, Inc.
(2008) 167 Cal.App.4th 681, 701.) In the absence of a prior warning of default,
courts are inclined to grant motions under Code of Civil Procedure section 473
subdivision (b) to set aside defaults. (Fayusi,
(2008) 167 Cal.App.4th at p. n 702
(quoting Weil & Brown, Civil Procedure Before Trial (2007), 5:70.] Here, Plaintiff knew that Live Talks was represented by
Wagenseller Law Firm. (See Carrillo Decl., ¶¶ 10, 12, Exhs. A, B.) Plaintiff knew that Live Talks had been suspended
by the Franchise Tax Board and that it was undergoing revival efforts. (Id., ¶¶ 13-14, Exh. C.) Despite this,
Plaintiff did not warn Live Talks he would submit an application for entry of
default against it. (Id., ¶ 15.) Although
setting aside default due to failure to warn is not required, the Court finds
that it is appropriate here because of Live Talks’ situation with the Franchise
Tax Board. 1. Failure to Serve Live Talks also argues that
Plaintiff “failed to serve the request for entry of default on either Live
Talks or their counsel.” (Mot., p. 2.) However, Plaintiff’s Application for
Entry of Default states that Live Talks was served through Ted Habte-Gabr, Live
Talks’ Agent for Service of Process, by mail at 222 S. Figueroa St., Apt. 1421,
Los Angeles, CA 90012. (5/6/19 Application for Entry of Default, ¶ 6(b).) Live
Talks does not present any evidence or provide any additional facts that prove
it was indeed not served. Further, Defendant does not demonstrate how
Plaintiff’s purported failure to serve Live Talks with the application for
entry of default entitles it to relief under Code of Civil Procedure section
473 subdivision (b). IV. Conclusion
& Order For the foregoing reasons,
Defendant Live Talks Productions, LLC’s Motion to Set Aside Default is GRANTED. Moving
party is ordered to give notice.Parties who intend
to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org
as directed by the instructions provided on the court website at
www.lacourt.org. If the department does
not receive an email and there are no appearances at the hearing, the motion
will be placed off calendar.