This case was last updated from Los Angeles County Superior Courts on 06/05/2020 at 02:41:35 (UTC).

CHRISTOPHER MARTINEZ VS LIVE TALKS PRODUCTIONS, LLC, ET AL.

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3507

  • Filing Date:

    10/26/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

MARTINEZ CHRISTOPHER

Defendants

SAJE

PHR LA MART LLC

LIVE TALKS PRODUCTIONS LLC

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

15720 Ventura Blvd Ste 228

Encino, CA 91436

Defendant Attorney

WAGENSELLER LAINE T.

 

Court Documents

Reply (name extension) - Reply DEFENDANT LIVE TALKS PRODUCTIONS, LLC'S REPLY IN SUPPORT OF MOTION TO SET ASIDE DEFAULT

1/3/2020: Reply (name extension) - Reply DEFENDANT LIVE TALKS PRODUCTIONS, LLC'S REPLY IN SUPPORT OF MOTION TO SET ASIDE DEFAULT

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

1/8/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Notice of Ruling - Notice of Ruling

1/14/2020: Notice of Ruling - Notice of Ruling

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

1/14/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Answer - Answer

1/14/2020: Answer - Answer

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)

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)

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

11/6/2019: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

9/30/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

5/6/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

5/6/2019: Proof of Personal Service - Proof of Personal Service

Answer - Answer

3/29/2019: Answer - Answer

Request for Dismissal - Request for Dismissal

12/20/2018: Request for Dismissal - Request for Dismissal

Civil Case Cover Sheet - Civil Case Cover Sheet

10/26/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

10/26/2018: Summons - Summons on Complaint

Complaint - Complaint

10/26/2018: Complaint - Complaint

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

10/26/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

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

10/26/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 10/14/2020
  • 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)

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  • 04/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/24/2020
  • 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

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  • 02/27/2020
  • DocketUpdated -- Notice of Settlement: As To Parties: removed

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  • 02/27/2020
  • DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 06/04/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 02/27/2020
  • DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 06/04/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 02/27/2020
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 02/27/2020
  • 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

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  • 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

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  • 02/27/2020
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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22 More Docket Entries
  • 12/20/2018
  • DocketOn the Complaint filed by Christopher Martinez on 10/26/2018, entered Request for Dismissal without prejudice filed by Christopher Martinez as to Saje

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  • 11/05/2018
  • 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

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  • 11/05/2018
  • DocketNon-Jury Trial scheduled for 04/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/26/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 10/26/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/26/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/26/2018
  • DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff)

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  • 10/26/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Christopher Martinez (Plaintiff)

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  • 10/26/2018
  • DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)

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  • 10/26/2018
  • DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Live Talks Productions, LLC (Defendant); Saje (Defendant); PHR La Mart LLC (Defendant)

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Tentative Rulings

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.