Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 03/27/2021 at 08:50:11 (UTC).

CHRISTOPHER MARTINEZ VS NABU WINES LLC, ET AL.

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1609

  • Filing Date:

    02/19/2020

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MARTINEZ CHRISTOPHER

Defendants

BARNETT GREGORY NEAL

NABU WINES LLC

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

Defendant Attorney

LAPEDIS JACK M.

 

Court Documents

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: Certificate of Mailing for - Certificate of Mailing for (Non-Appearance Case Review Re: Status of Defendant's filing o...) of 02/24/2021

Minute Order - Minute Order (Non-Appearance Case Review Re: Status of Defendant's filing o...)

2/24/2021: Minute Order - Minute Order (Non-Appearance Case Review Re: Status of Defendant's filing o...)

Proof of Service by Mail - Proof of Service by Mail

1/28/2021: Proof of Service by Mail - Proof of Service by Mail

Notice of Ruling - Notice of Ruling

1/28/2021: Notice of Ruling - Notice of Ruling

Answer - Answer

1/28/2021: Answer - Answer

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

8/26/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

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

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

Proof of Personal Service - Proof of Personal Service

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

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

5/8/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

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

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

5/8/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Default Judgment - Default Judgment

5/21/2020: Default Judgment - Default Judgment

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

6/16/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Civil Case Cover Sheet - Civil Case Cover Sheet

2/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

2/19/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

2/19/2020: Complaint - Complaint

Summons - Summons on Complaint

2/19/2020: Summons - Summons on Complaint

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

2/19/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 04/27/2021
  • Hearing04/27/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

    Read MoreRead Less
  • 02/24/2021
  • DocketTrial Setting Conference scheduled for 04/27/2021 at 09:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 02/24/2021
  • DocketMinute Order (Non-Appearance Case Review Re: Status of Defendant's filing o...)

    Read MoreRead Less
  • 02/24/2021
  • DocketCertificate of Mailing for (Non-Appearance Case Review Re: Status of Defendant's filing o...) of 02/24/2021; Filed by: Clerk

    Read MoreRead Less
  • 02/24/2021
  • 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

    Read MoreRead Less
  • 01/28/2021
  • DocketNotice of Ruling; Filed by: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant)

    Read MoreRead Less
  • 01/28/2021
  • DocketProof of Service by Mail; Filed by: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant); As to: Christopher Martinez (Plaintiff)

    Read MoreRead Less
  • 01/28/2021
  • DocketAnswer; Filed by: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant); As to: Christopher Martinez (Plaintiff)

    Read MoreRead Less
  • 01/28/2021
  • DocketProof of Service by Mail; Filed by: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant); As to: Christopher Martinez (Plaintiff)

    Read MoreRead Less
  • 01/27/2021
  • 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

    Read MoreRead Less
25 More Docket Entries
  • 02/24/2020
  • DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff)

    Read MoreRead Less
  • 02/20/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Christopher Martinez (Plaintiff)

    Read MoreRead Less
  • 02/20/2020
  • DocketNon-Jury Trial scheduled for 08/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 02/20/2020
  • 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

    Read MoreRead Less
  • 02/20/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less
  • 02/19/2020
  • DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant)

    Read MoreRead Less
  • 02/19/2020
  • DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)

    Read MoreRead Less
  • 02/19/2020
  • DocketSummons on Complaint; Issued and Filed by: Christopher Martinez (Plaintiff); As to: Nabu Wines LLC (Defendant); Gregory Neal Barnett (Defendant)

    Read MoreRead Less
  • 02/19/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 02/19/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

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:

  1. 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.

  1. 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.

  1. 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.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer LAPEDIS JACK MARSHALL