On 02/19/2020 CHRISTOPHER MARTINEZ filed a Civil Right - Other Civil Right lawsuit against NABU WINES 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 JAMES E. BLANCARTE. The case status is Pending - Other Pending.
*******1609
02/19/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
MARTINEZ CHRISTOPHER
BARNETT GREGORY NEAL
NABU WINES LLC
MEHRBAN MORSE
LAPEDIS JACK M.
2/24/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Appearance Case Review Re: Status of Defendant's filing o...) of 02/24/2021
2/24/2021: Minute Order - Minute Order (Non-Appearance Case Review Re: Status of Defendant's filing o...)
1/28/2021: Proof of Service by Mail - Proof of Service by Mail
1/28/2021: Notice of Ruling - Notice of Ruling
1/28/2021: Answer - Answer
8/26/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment
7/2/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
5/8/2020: Proof of Personal Service - Proof of Personal Service
5/8/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
5/8/2020: Request for Dismissal - Request for Dismissal
5/8/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
5/21/2020: Default Judgment - Default Judgment
6/16/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims
2/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
2/19/2020: First Amended Standing Order - First Amended Standing Order
2/19/2020: Complaint - Complaint
2/19/2020: Summons - Summons on Complaint
2/19/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing04/27/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference
DocketTrial Setting Conference scheduled for 04/27/2021 at 09:30 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Non-Appearance Case Review Re: Status of Defendant's filing o...)
DocketCertificate of Mailing for (Non-Appearance Case Review Re: Status of Defendant's filing o...) of 02/24/2021; Filed by: Clerk
DocketNon-Appearance Case Review Re: Status of Defendant's filing of an Answer scheduled for 02/24/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/24/2021; Result Type to Held
DocketNotice of Ruling; Filed by: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant)
DocketProof of Service by Mail; Filed by: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant); As to: Christopher Martinez (Plaintiff)
DocketAnswer; Filed by: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant); As to: Christopher Martinez (Plaintiff)
DocketProof of Service by Mail; Filed by: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant); As to: Christopher Martinez (Plaintiff)
DocketNon-Appearance Case Review Re: Status of Defendant's filing of an Answer scheduled for 02/24/2021 at 09:30 AM in Spring Street Courthouse at Department 25
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)
DocketNon-Jury Trial scheduled for 08/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/22/2023 at 08:30 AM in Spring Street Courthouse at Department 25
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant)
DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Christopher Martinez (Plaintiff); As to: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 20STLC01609 Hearing Date: January 27, 2021 Dept: 25
HEARING DATE: Wed., January 27, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Martinez v. Nabu Wines, LLC, et al. COMPL. FILED: 02-19-20
CASE NUMBER: 20STLC01609 DEFAULT: 05-08-20
NOTICE: OK DEF. JUDGMENT: 05-21-20
PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT
MOVING PARTY: Defendants Nabu Wines, LLC and Gregory Neal Barnett
RESP. PARTY: None
MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT
(CCP § 473(b))
TENTATIVE RULING:
Defendants Nabu Wines, LLC and Gregory Barnett’s Motion is GRANTED ON THE CONDITION THAT, before the hearing, Defendants file a proof of service demonstrating Plaintiff was properly served with the Motion. If Defendants do so, the default entered on May 8, 2020 and default judgment entered on May 21, 2020 will be VACATED and Defendants will have ten (10) days from the date of the order to file their proposed answer. Otherwise, the hearing will be CONTINUED TO MARCH 25, 2021 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE to allow Defendants an opportunity to file an amended proof of service.
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 January 25, 2021 [ ] Late [X] None
REPLY: None filed as of January 25, 2021 [ ] Late [X] None
ANALYSIS:
Background
On February 19, 2020, Plaintiff Christopher Martinez (“Plaintiff”) filed a complaint alleging violation of the Unruh Civil Rights Act against Defendants Nabu Wines, LLC (“Nabu”) and Gregory Neal (“Neal”) (collectively, “Defendants”). Following Defendants’ failure to respond, default was entered against them on May 8, 2020. A default judgment of $5,125.00 was entered on May 21, 2020.
Defendants filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”) on August 26, 2020. To date, no opposition has been filed.
Legal Standard & Discussion
Defendants seek relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., pp. 4:11-5:13.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)
Defendants’ Motion is timely. It seeks to set aside the default and default judgment entered on May 8, 2020 and May 21, 2020, respectively, due to Paul A. Elkort’s (“Elkort”) mistake, inadvertence, or excusable neglect. (Mot., pp. 4:11-5:13.) Elkort is Defendants’ private attorney. (Id.) Elkort states that Defendant Barnett informed him the Complaint had been served on Defendants in or about March 2020. (Mot., Elkort Decl., ¶ 4.) He states he advised Barnett to tender the lawsuit to their general liability insurance carrier to see if they would provide coverage to Defendants for the lawsuit. (Id.) He spoke to Defendant Barnett the first week of May, asked about the instant lawsuit, and understood that Defendant Barnett had tendered the lawsuit but had not yet heard a response from their insurance carrier regarding coverage. (Id. at ¶ 5.) Subsequently, in late June 2020, Defendant Barnett told Elkort that during the May 2020 conversation Defendant Barnett informed Elkort the insurance carrier had denied coverage. (Id. at ¶ 6.) As a result of Elkort’s misunderstanding during the May 2020 conversation regarding insurance liability coverage, the default and default judgment were entered. (Id. at ¶¶ 8-9.)
Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, the Court is inclined to vacate the default and default judgment. However, the proof of service demonstrates that Plaintiff may not have received notice of this Motion. Specifically, Defendants served the Motion at the correct address, but omitted Plaintiff’s counsel’s suite number. (See 8/26/20 Proof of Service.) In the interest of judicial economy, however, the Motion is GRANTED ON THE CONDITION THAT, before the hearing, Defendants file a proof of service demonstrating Plaintiff was properly served. Otherwise, the hearing will be CONTINUED.
Conclusion & Order
For the foregoing reasons, Defendants Nabu Wines, LLC and Gregory Barnett’s Motion is GRANTED ON THE CONDITION THAT, before the hearing, Defendants file a proof of service demonstrating Plaintiff was properly served with the Motion. If Defendants do so, the default entered on May 8, 2020 and default judgment entered on May 21, 2020 will be VACATED and Defendants will have ten (10) days from the date of the order to file their proposed answer. Otherwise, the hearing will be CONTINUED TO MARCH 25, 2021 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE to allow Defendants an opportunity to file an amended proof of service.
Moving party is ordered to give notice.
Dig Deeper
Get Deeper Insights on Court Cases