On 05/10/2019 DEONDRE RAGLIN filed a Civil Right - Other Civil Right lawsuit against WATTS HEALTHCARE CORPORATION. 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 Other.
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
WATTS HEALTHCARE CORPORATION
15720 Ventura Blvd. Suite 228
Encino, CA 91436
3/20/2020: Request for Dismissal - Request for Dismissal
11/12/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
11/12/2019: Notice of Ruling - Notice of Ruling
10/3/2019: Minute Order - Minute Order (Hearing on Ex Parte Application Defendant's Ex Parte Applicat...)
10/3/2019: Ex Parte Application (name extension) - Ex Parte Application Defendant's Ex Parte Application for Order Setting Aside Entry of Default and Default Judgment or, Alternatively, for Order Advancing Heari
10/9/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
10/9/2019: Opposition (name extension) - Opposition to Motion to Vacate Default & Default Judgment
7/5/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
8/7/2019: Default Judgment - Default Judgment
8/15/2019: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims
7/10/2019: Answer - Answer
7/5/2019: Request for Dismissal - Request for Dismissal
7/5/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
5/10/2019: Summons - Summons on Complaint
5/10/2019: Complaint - Complaint
5/10/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
5/10/2019: First Amended Standing Order - First Amended Standing Order
5/10/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketUpdated -- Request for Dismissal: As To Parties changed from Watts Healthcare Corporation (Defendant) to Watts Healthcare Corporation (Defendant)Read MoreRead Less
DocketOn the Complaint filed by Deondre Raglin on 05/10/2019, entered Request for Dismissal with prejudice filed by Deondre Raglin as to the entire actionRead MoreRead Less
DocketNon-Jury Trial scheduled for 11/17/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/27/2020Read MoreRead Less
DocketAddress for Morse Mehrban (Attorney) nullRead MoreRead Less
DocketNon-Jury Trial scheduled for 11/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
DocketUpdated -- Motion to Set Aside/Vacate Default and / or Default Judgment: Filed By: Watts Healthcare Corporation (Defendant); Result: Granted; Result Date: 11/12/2019Read MoreRead Less
DocketNotice of Ruling; Filed by: Watts Healthcare Corporation (Defendant)Read MoreRead Less
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)Read MoreRead Less
DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 11/12/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/12/2019; Result Type to Held - Motion GrantedRead MoreRead Less
DocketReply DEFENDANT WATTS HEALTHCARE CORPORATION?S REPLY BRIEF IN SUPPORT OF MOTION AND MOTION TO SET ASIDE ENTRY OF DEFAULT JUDGMENT; Filed by: Watts Healthcare Corporation (Defendant)Read MoreRead Less
DocketFirst Amended Standing Order; Filed by: ClerkRead MoreRead Less
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk CourthouseRead MoreRead Less
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/13/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
DocketOrder on Court Fee Waiver (Superior Court); Filed by: ClerkRead MoreRead Less
DocketUpdated -- Request to Waive Court Fees: Filed By: Deondre Raglin (Plaintiff); Result: Granted; Result Date: 05/10/2019; As To Parties: removedRead MoreRead Less
DocketComplaint; Filed by: Deondre Raglin (Plaintiff); As to: Watts Healthcare Corporation (Defendant)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: Deondre Raglin (Plaintiff); As to: Watts Healthcare Corporation (Defendant)Read MoreRead Less
DocketRequest to Waive Court Fees; Filed by: Deondre Raglin (Plaintiff)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Deondre Raglin (Plaintiff); As to: Watts Healthcare Corporation (Defendant)Read MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
Case Number: 19STLC04571 Hearing Date: November 12, 2019 Dept: 94
MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT
(CCP § 473(b))
The Motion is GRANTED. Defendant is ordered to pay plaintiff $712.50.
OPPOSITION: Filed on Oct. 9, 2019 [ ] Late [ ] None
REPLY: Filed on Nov. 4, 2019 [ ] Late [ ] NoneANALYSIS:
Plaintiff Deondre Raglin (“plaintiff”) brought this violation of Unruh Civil Rights Act action against defendant Watts Healthcare Corporation (“defendant”) on May 10, 2019. On July 5, 2019, default was entered against defendant. On July 10, 2019, defendant filed an answer. On August 7, 2019, the court entered default judgment against defendant.
Upon learning about the default and default judgment, defendant filed the instant Motion to Set Aside Entry of Default Judgment (the “Motion”) based on his counsel’s mistake under the mandatory provision of CCP § 473(b) on September 26, 2019. Plaintiff filed an Opposition on October 9, 2019. Defendant filed a Reply on November 4, 2019.
“Section 473(b) provides for both discretionary and mandatory relief. [Citation.]” (Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Defendant seeks relief under the mandatory provision of the statute based on his counsel’s mistake, inadvertence, surprise, or neglect. The mandatory provision states in pertinent part:
“[W]henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.”
(CCP § 473(b).)
“The purpose of this mandatory relief provision is to alleviate the hardship on parties who lose their day in court due to an inexcusable failure to act by their attorneys. [Citation.]” (Rodriguez v. Brill (2015) 234 Cal.App.4th 715, 723, emphasis added.)
Timeliness of Motion
The six-month limitation period for mandatory relief under CCP § 473(b) commences at the time default judgment is rendered, rather than earlier when a default is entered. (Sugasawara v. Newland (1994) 27 Cal.App.4th 294.)
Here, because defendant brought the instant Motion within two months of the entry of default judgment, it is timely under CCP § 473(b).
B. Merits of Motion
Defendant’s counsel declares he was retained on behalf of defendant on June 1, 2019, and upon his retention his staff and he inadvertently calendared the responsive pleading deadling for July 12, 2019. (Motion, Miretsky Decl. ¶ 4.) Additionally, defendant’s counsel declares he nor his client received copies of the Request for Entry of Default, Request for Entry of Judgment or the Judgment itself. (Id., Miretsky Decl. ¶ 7.) In opposition, plaintiff does not dispute the merits of the Motion. Plaintiff only discusses the amount of reasonable attorney’s fees that plaintiff should be awarded. The Court finds defendant’s counsel’s miscalendaring is a mistake warranting a vacating of default and default judgment.
“The court shall, whenever relief is granted based on an attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.” (CCP § 473(b).) In opposition, plaintiff asserts she has incurred $2,875 in attorney’s fees and costs as a result of defendant’s failure to file a timely responsive pleading. (Opp., Mehrban Decl. ¶ 2.) Paintiff argues plaintiff’s counsel’s hourly billing rate of $475 is consistent with those of other Southern California attorneys with similar experience and with those of other national attorneys with similar experience. In reply, defendant asserts plaintiff’s counsel’s request is excessive in light of the default judgment amount of $5,065. Defendant contends plaintiff’s counsel’s fees and costs could have been avoided if plaintiff simply responded to defense counsel’s attempts to resolve this issue before necessitating the filing of the motion.
In light of the fact defendant’s relief is mandatory, plaintiff’s non-opposition of the merits of defendant’s motion, and defendant’s attempt to come to an agreement with plaintiff without requiring a motion, the Court finds plaintiff’s reasonable attorney’s fees and costs to be $712.50—1.5 hours at plaintiff’s counsel’s hourly rate of $475.
II. Conclusion & Order
For the stated reasons, the Motion is GRANTED. Defendant is ordered to pay plaintiff $712.50 within 10 days. Defendant is ordered to re-file the Answer
Moving party is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
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