This case was last updated from Los Angeles County Superior Courts on 10/07/2021 at 12:06:06 (UTC).

CHRISTOPHER MARTINEZ VS YOLO, LLC, ET AL.

Case Summary

On 02/04/2020 CHRISTOPHER MARTINEZ filed a Civil Right - Other Civil Right lawsuit against YOLO, 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 SERENA R. MURILLO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1100

  • Filing Date:

    02/04/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

MARTINEZ CHRISTOPHER

Defendants

CHRISTIANSEN TODD

YOLO LLC

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

 

Court Documents

Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

9/15/2021: Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

Declaration (name extension) - Declaration Re: Payment of Waived Fees

9/15/2021: Declaration (name extension) - Declaration Re: Payment of Waived Fees

Proof of Personal Service - Proof of Personal Service

6/5/2020: Proof of Personal Service - Proof of Personal Service

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

6/5/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Proof of Personal Service - Proof of Personal Service

6/5/2020: Proof of Personal Service - Proof of Personal Service

Request for Dismissal - Request for Dismissal

6/5/2020: Request for Dismissal - Request for Dismissal

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

6/5/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Default Judgment - Default Judgment

6/25/2020: Default Judgment - Default Judgment

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

7/10/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

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

8/5/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Proof of Personal Service - Proof of Personal Service

10/20/2020: Proof of Personal Service - Proof of Personal Service

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

5/24/2021: 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

First Amended Standing Order - First Amended Standing Order

2/4/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

2/4/2020: Complaint - Complaint

Summons - Summons on Complaint

2/4/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/4/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

2/4/2020: 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

2/4/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 09/15/2021
  • DocketDeclaration Re: Payment of Waived Fees; Filed by: Christopher Martinez (Plaintiff)

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  • 09/15/2021
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by: Christopher Martinez (Plaintiff); As to: Yolo, LLC (Defendant); Todd Christiansen (Defendant)

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  • 05/24/2021
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Christopher Martinez (Plaintiff); As to: Yolo, LLC (Defendant); Todd Christiansen (Defendant); Costs: 862.50; Interest: 476.69; Service Date: 05/24/2021

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  • 02/04/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 02/04/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 02/04/2021; Filed by: Clerk

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  • 02/04/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/04/2021 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/04/2021; Result Type to Held

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  • 10/20/2020
  • DocketProof of Personal Service; Filed by: Yolo, LLC (Defendant); Todd Christiansen (Defendant); As to: Christopher Martinez (Plaintiff); Service Date: 08/27/2020; Service Cost Waived: No

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  • 08/10/2020
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: Yolo, LLC (Defendant); Todd Christiansen (Defendant); As to: Christopher Martinez (Plaintiff)

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  • 08/10/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/04/2021 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 08/10/2020

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  • 08/10/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 02/04/2021 at 09:00 AM in Spring Street Courthouse at Department 26

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18 More Docket Entries
  • 02/04/2020
  • DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Yolo, LLC (Defendant); Todd Christiansen (Defendant)

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  • 02/04/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 02/04/2020
  • DocketSummons on Complaint; Issued and Filed by: Christopher Martinez (Plaintiff); As to: Yolo, LLC (Defendant); Todd Christiansen (Defendant)

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  • 02/04/2020
  • DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)

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  • 02/04/2020
  • DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff); As to: Yolo, LLC (Defendant); Todd Christiansen (Defendant)

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  • 02/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/04/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Christopher Martinez (Plaintiff)

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  • 02/04/2020
  • DocketNon-Jury Trial scheduled for 08/03/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/07/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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Tentative Rulings

Case Number: 20STLC01100    Hearing Date: February 04, 2021    Dept: 26

Martinez v. Yolo, LLC, et al.

MOTION TO VACATE DEFAULT JUDGMENT

(CCP § 473(b), equity)

TENTATIVE RULING:

Defendants Yolo, LLC and Todd Christiansen’s Motion to Vacate Default and Default Judgment is DENIED.

ANALYSIS:

Plaintiff Christopher Martinez (“Plaintiff”) filed the instant action for violation of the Unruh Civil Rights Act against Defendants Yolo, LLC and Todd Christiansen (“Defendants”) on February 4, 2020. Following Defendants’ failure to file a responsive pleading, the Court entered their default on June 5, 2020 and default judgment on June 25, 2020.

Defendants filed the instant Motion to Vacate Default and Default Judgment on August 5, 2020. The Motion was refiled on August 10, 2020. To date, no opposition has been filed.

Discussion

Defendants move for relief from the default and default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b) and equitable grounds. The Court will consider each basis in turn.

Code of Civil Procedure section 473, subdivision (b)

Under this statute, an application for relief must be made no more than six months after entry of the order 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.) The moving party must also attach a copy of the proposed responsive pleading. (Code Civ. Proc., § 473, subd. (b).) The motion is brought pursuant to discretionary relief prong of section 473, subdivision (b) for Defendants’ own mistake, inadvertence, surprise or neglect.

The Court finds relief is timely sought under the statute just two months after entry of default. However, the Motion is not supported by an affidavit of fault attesting to Defendants’ mistake, inadvertence, surprise or neglect in failing to respond to the Complaint. In fact, the Motion is not accompanied by any supporting evidence. Nor is a copy of Defendants’ proposed Answer attached.

Therefore, relief from the entry of default and default judgment under of Civil Procedure section 473, subdivision (b) is denied.

Equitable Grounds

To qualify for equitable relief based on extrinsic mistake, which exists when circumstances extrinsic to the litigation have unfairly cost a party a hearing on the merits, the defendant must demonstrate: (1) “a meritorious case”; (2) “a satisfactory excuse for not presenting a defense to the original action”; and (3) “diligence in seeking to set aside the default once the fraud [or mistake] had been discovered.” (Mechling v. Asbestos Defendants (2018) 29 Cal.App.5th 1241, 1245-1246 (citing In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1071).)

As discussed above, Defendants have exercised diligence in seeking to set aside the default. However, it remains there is no evidence Defendants’ have a meritorious case (the proposed Answer) or that they had a satisfactory excuse for failing to respond to the Complaint. Relief from the default and default judgment on equitable grounds is also denied.

Conclusion

Defendants Yolo, LLC and Todd Christiansen’s Motion to Vacate Default and Default Judgment is DENIED.

Court clerk to give notice.