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This case was last updated from Los Angeles County Superior Courts on 04/09/2021 at 07:42:32 (UTC).

FELIX RODRIGUEZ VS HOOMAN NISSANI, ET AL.

Case Summary

On 09/01/2020 FELIX RODRIGUEZ filed a Civil Right - Other Civil Right lawsuit against HOOMAN NISSANI. 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:

    *******7436

  • Filing Date:

    09/01/2020

  • 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

RODRIGUEZ FELIX

Defendants

NBA AUTOMOTIVE INC.

NISSANI HOOMAN

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 03/23/2021

3/23/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 03/23/2021

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

3/23/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Opposition (name extension) - Opposition to Defendants' Motion to Vacate Default & Default Judgment

12/11/2020: Opposition (name extension) - Opposition to Defendants' Motion to Vacate Default & Default Judgment

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

12/2/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

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

11/5/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Request for Dismissal - Request for Dismissal

10/23/2020: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

10/23/2020: Proof of Personal Service - Proof of Personal Service

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

10/23/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

10/23/2020: 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

10/23/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Default Judgment - Default Judgment

11/2/2020: Default Judgment - Default Judgment

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

9/1/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Complaint - Complaint

9/1/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/1/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

9/1/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

9/1/2020: First Amended Standing Order - First Amended Standing Order

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

9/1/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 08/03/2021
  • Hearing08/03/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 03/23/2021
  • DocketTrial Setting Conference scheduled for 08/03/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 03/23/2021
  • DocketOn the Complaint filed by Felix Rodriguez on 09/01/2020, Default entered on 10/23/2020, Vacated - .

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  • 03/23/2021
  • DocketUpdated -- On the Complaint filed by Felix Rodriguez on 09/01/2020, judgment entered on 11/02/2020 is vacated

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  • 03/23/2021
  • DocketOn the Complaint filed by Felix Rodriguez on 09/01/2020, judgment entered on 11/02/2020 as to Hooman Nissani is

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  • 03/23/2021
  • DocketOn the Complaint filed by Felix Rodriguez on 09/01/2020, judgment entered on 11/02/2020 as to NBA Automotive, Inc. is

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  • 03/23/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 03/23/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 03/23/2021; Filed by: Clerk

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  • 03/23/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 03/23/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/23/2021; Result Type to Held - Motion Granted

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  • 12/11/2020
  • DocketOpposition to Defendants' Motion to Vacate Default & Default Judgment; Filed by: Felix Rodriguez (Plaintiff)

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17 More Docket Entries
  • 09/01/2020
  • DocketComplaint; Filed by: Felix Rodriguez (Plaintiff); As to: Hooman Nissani (Defendant); NBA Automotive, Inc. (Defendant)

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  • 09/01/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 09/01/2020
  • DocketCivil Case Cover Sheet; Filed by: Felix Rodriguez (Plaintiff); As to: Hooman Nissani (Defendant); NBA Automotive, Inc. (Defendant)

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  • 09/01/2020
  • DocketRequest to Waive Court Fees; Filed by: Felix Rodriguez (Plaintiff)

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  • 09/01/2020
  • DocketSummons on Complaint; Issued and Filed by: Felix Rodriguez (Plaintiff); As to: Hooman Nissani (Defendant); NBA Automotive, Inc. (Defendant)

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  • 09/01/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/01/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/01/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Felix Rodriguez (Plaintiff)

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  • 09/01/2020
  • DocketNon-Jury Trial scheduled for 03/01/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/01/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/05/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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Tentative Rulings

Case Number: 20STLC07436    Hearing Date: March 23, 2021    Dept: 25

HEARING DATE: Tue., March 23, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Rodriguez v. Nissani, et al. COMP. FILED: 09-01-20

CASE NUMBER: 20STLC07436 DEFAULT: 10-23-20

NOTICE: OK DEF. JDGMT: 11-02-20

PROCEEDINGS: MOTION TO SET ASIDE ENTRY OF DEFAULT AND DEFAULT JUDGMENT

MOVING PARTY: Defendants Hooman Nissani and NBA Automotive, Inc.

RESP. PARTY: Plaintiff Felix Rodriguez

MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendants Hooman Nissani and NBA Automotive, Inc.’s Motion to Set Aside Entry of Default and Default Judgment is GRANTED. The default entered on October 23, 2020 and default judgment entered on November 2, 2020 against Defendants are HEREBY VACATED.

In addition, Defendants’ counsel is ordered to pay Plaintiff’s counsel attorney’s fees of $1,377.50 within thirty (30) days of service of this order.

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: Filed on December 11, 2020 [ ] Late [ ] None

REPLY: None filed as of March 19, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 1, 2020, Plaintiff Felix Rodriguez (“Plaintiff”) filed an action for violation of the Unruh Civil Rights Act against Defendants Hooman Nissani (“Nissani”) and NBA Automotive, Inc. (“NBA Automotive”). Following Defendants’ failure to respond, default was entered against them on October 23, 2020. A default judgment against Defendants was entered on November 2, 2020 in the amount of $5,220.00. (11/2/20 Judgment.)

On December 2, 2020, Defendants filed the instant Motion to Set Aside Entry of Default and Default Judgment (the “Motion”). Plaintiff filed an Opposition on December 11, 2020. No reply brief was filed.

  1. Legal Standard & Discussion

Defendants seek relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2.) 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.)

Defendants’ Motion is timely. Defendants seek to set aside the default and default judgment entered against them based on Defendants’ counsel’s mistake and inadvertence. (Mot., p. 3:11-13.) Specifically, Defendants’ counsel states that after he received the Complaint against Defendants, he prepared an Answer. (Id., McCreary Decl., ¶ 3.) Counsel mistakenly believed the answer was filed. (Id.) As a result of this error, default and default judgment were entered against Defendants. (Id.)

Based on the timely request to vacate supported by an attorney affidavit of fault, Defendants’ request to set aside the default and default judgment is GRANTED.

“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.” (Code Civ. Proc., § 473, subd. (b).) Plaintiff seeks to recover $1,377.50 in legal fees he incurred as a result of Defendants’ failure to timely file a responsive pleading. (Oppo, pp. 1:16-2:3.) The fees incurred are based on 2.9 hours of attorney time billed at $475.00 per hour (Id., Mehrban Decl., ¶ 4.)

Having reviewed Plaintiff’s counsel’s breakdown of the fees incurred, the Court finds them to be reasonable. Defendants’ counsel is ordered to pay attorney’s fees of $1,377.50 within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendants Hooman Nissani and NBA Automotive, Inc.’s Motion to Set Aside Entry of Default and Default Judgment is GRANTED. The default entered on October 23, 2020 and default judgment entered on November 2, 2020 against Defendants are HEREBY VACATED.

In addition, Defendants’ counsel is ordered to pay Plaintiff’s counsel attorney’s fees of $1,377.50 within thirty (30) days of service of this order.

Moving party is ordered to give notice.

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