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.
*******2278
03/06/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
MARTINEZ CHRISTOPHER
TOKIO LOS ANGELES LLC
UNDERRATED PRESENTS INC.
BITAR DANY FOUAD
MEHRBAN MORSE
15720 Ventura Blvd. Suite 228
Encino, CA 91436
ROSENBERGER ELLIOT ALBERT
1/5/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))
7/10/2019: Answer - Answer
7/12/2019: Request for Dismissal - Request for Dismissal
9/30/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
11/5/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)
5/19/2020: Proof of Personal Service - Proof of Personal Service
5/19/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
7/17/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default
7/17/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
8/26/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
6/21/2019: General Denial - General Denial
3/6/2019: Complaint - Complaint
3/6/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
3/6/2019: First Amended Standing Order - First Amended Standing Order
3/6/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
3/6/2019: Summons - Summons on Complaint
3/7/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
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
Hearing06/02/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Motion to Set Aside/Vacate Default: Filed By: Dany Fouad Bitar (Defendant); Result: Granted; Result Date: 01/05/2021
DocketOn the Complaint filed by Christopher Martinez on 03/06/2019, Default entered on 05/19/2020, Vacated - .
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))
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
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
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
DocketMotion to Set Aside/Vacate Default; Filed by: Dany Fouad Bitar (Defendant); As to: Dany Fouad Bitar (Defendant)
DocketProof of Service (not Summons and Complaint); Filed by: Dany Fouad Bitar (Defendant); As to: Christopher Martinez (Plaintiff)
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk
DocketNon-Jury Trial scheduled for 09/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Tokio Los Angeles LLC (Defendant); Underrated Presents, Inc. (Defendant)
DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff); As to: Tokio Los Angeles LLC (Defendant); Underrated Presents, Inc. (Defendant)
DocketSummons on Complaint; Issued and Filed by: Christopher Martinez (Plaintiff); As to: Tokio Los Angeles LLC (Defendant); Underrated Presents, Inc. (Defendant)
DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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:
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.
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.
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.