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This case was last updated from Los Angeles County Superior Courts on 01/07/2021 at 02:55:42 (UTC).

CHRISTOPHER MARTINEZ VS TOKIO LOS ANGELES LLC, ET AL.

Case Summary

On 03/06/2019 CHRISTOPHER MARTINEZ filed a Civil Right - Other Civil Right lawsuit against TOKIO LOS ANGELES 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:

    *******2278

  • Filing Date:

    03/06/2019

  • 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

TOKIO LOS ANGELES LLC

UNDERRATED PRESENTS INC.

BITAR DANY FOUAD

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

15720 Ventura Blvd. Suite 228

Encino, CA 91436

Defendant Attorney

ROSENBERGER ELLIOT ALBERT

 

Court Documents

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

1/5/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Answer - Answer

7/10/2019: Answer - Answer

Request for Dismissal - Request for Dismissal

7/12/2019: Request for Dismissal - Request for Dismissal

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

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

11/5/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Personal Service - Proof of Personal Service

5/19/2020: Proof of Personal Service - Proof of Personal Service

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

5/19/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

7/17/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

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

7/17/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

8/26/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

General Denial - General Denial

6/21/2019: General Denial - General Denial

Complaint - Complaint

3/6/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/6/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

3/6/2019: First Amended Standing Order - First Amended Standing Order

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

3/6/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

3/6/2019: Summons - Summons on Complaint

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

3/7/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

5 More Documents Available

 

Docket Entries

  • 03/09/2022
  • Hearing03/09/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/02/2021
  • Hearing06/02/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/05/2021
  • DocketUpdated -- Motion to Set Aside/Vacate Default: Filed By: Dany Fouad Bitar (Defendant); Result: Granted; Result Date: 01/05/2021

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  • 01/05/2021
  • DocketOn the Complaint filed by Christopher Martinez on 03/06/2019, Default entered on 05/19/2020, Vacated - .

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  • 01/05/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

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  • 01/05/2021
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 01/05/2021 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/05/2021; Result Type to Held - Motion Granted

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  • 08/26/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/26/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 09/02/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/02/2021 08:30 AM

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  • 07/17/2020
  • DocketMotion to Set Aside/Vacate Default; Filed by: Dany Fouad Bitar (Defendant); As to: Dany Fouad Bitar (Defendant)

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  • 07/17/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Dany Fouad Bitar (Defendant); As to: Christopher Martinez (Plaintiff)

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11 More Docket Entries
  • 03/07/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 03/07/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk

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  • 03/07/2019
  • DocketNon-Jury Trial scheduled for 09/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/07/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/09/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/06/2019
  • DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Tokio Los Angeles LLC (Defendant); Underrated Presents, Inc. (Defendant)

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  • 03/06/2019
  • DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff); As to: Tokio Los Angeles LLC (Defendant); Underrated Presents, Inc. (Defendant)

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  • 03/06/2019
  • DocketSummons on Complaint; Issued and Filed by: Christopher Martinez (Plaintiff); As to: Tokio Los Angeles LLC (Defendant); Underrated Presents, Inc. (Defendant)

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  • 03/06/2019
  • DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)

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  • 03/06/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/06/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC02278    Hearing Date: January 05, 2021    Dept: 25

HEARING DATE: Tue., January 5, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Martinez v. Tokio Los Angeles, et al. COMP. FILED: 03-06-19

CASE NUMBER: 19STLC02278 DISC. C/O: 05-03-21

NOTICE: OK DISC. MOT. C/O: 05-18-21

TRIAL DATE: 06-02-21

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT PURSUANT TO CCP SECTION 473

MOVING PARTY: Defendant Dany Bitar

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Defendant Dany Bitar’s Motion to Set Aside Default Pursuant to CCP section 473 is GRANTED. The default entered against Defendant Dany Bitar on May 19, 2020 is HEREBY VACATED.

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 December 31, 2020 [ ] Late [X] None

REPLY: None filed as of December 31, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On March 6, 2019, Plaintiff Christopher Martinez (“Plaintiff”) filed an action for violation of the Unruh Civil Rights Act against Defendants Tokio Los Angeles, LLC (“Tokio”) and Underrated Presents, Inc. (“Underrated”). Dany Bitar (“Bitar”) filed a general denial on behalf of Defendant Tokio on June 21, 2019. Defendant Underrated filed an Answer on July 10, 2019 but was dismissed from the action on July 12, 2019.

Plaintiff substituted Defendant Bitar for Doe 1 on November 6, 2019. Defendant Bitar was personally served with the Summons and Complaint on April 15, 2019. (5/19/20 Proof of Service.) Following Defendant Bitar’s failure to respond, a default was entered against him on May 19, 2020. No judgment has yet been entered.

On July 17, 2020, Defendant Bitar filed the instant Motion to Set Aside Default Pursuant to CCP section 473 (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Defendant Bitar seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., pp. 1:27-2:19.) 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.)

Defendant Bitar’s Motion is timely. He seeks to set aside the May 19, 2020 default based on his mistake, inadvertence, surprise, or excusable neglect. (Mot., p 1:6-8.) Specifically, Defendant states that he mistakenly believed that the general denial he filed on behalf of Defendant Tokio was enough to protect his rights in this matter. (Mot., Bitar Decl., ¶ 4.) He also explains that although he acted diligently in seeking an attorney after being personally served, he had difficulty finding affordable legal representation and believed he had more time to retain an attorney. (Id. at ¶¶ 6-8.) Well-established law favors resolving cases on the merits and any doubts will be resolved in favor of the party seeking relief from default. (Fayusi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 696.)

Based on the timely request to vacate the dismissal supported by Defendant Bitar’s declaration attesting to his mistake, the unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendant Dany Bitar’s Motion to Set Aside Default Pursuant to CCP section 473 is GRANTED. The default entered against Defendant Dan Bitar on May 19, 2020 is HEREBY VACATED.

Moving party is ordered to give notice.

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