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This case was last updated from Los Angeles County Superior Courts on 04/15/2021 at 15:59:03 (UTC).

FML MANAGEMENT CORP. VS EDGAR SANTIAGO, ET AL.

Case Summary

On 02/22/2019 FML MANAGEMENT CORP filed a Contract - Other Contract lawsuit against EDGAR SANTIAGO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1894

  • Filing Date:

    02/22/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

FML MANAGEMENT CORP.

Defendants

SANTIAGO WENDY

SANTIAGO EDGAR

Los Angeles, CA 90057

Attorney/Law Firm Details

Plaintiff Attorney

NUSSBAUM LANE

Defendant Attorney

WADE AMIEL L.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473); Ord...)

3/3/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473); Ord...)

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 12/08/2020

12/8/2020: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 12/08/2020

Minute Order - Minute Order (Order to Show Cause Re: Dismissal for the parties failure to ...)

9/21/2020: Minute Order - Minute Order (Order to Show Cause Re: Dismissal for the parties failure to ...)

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal for the parties failure to ...) of 09/21/2020

9/21/2020: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal for the parties failure to ...) of 09/21/2020

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/31/2020

8/31/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/31/2020

Minute Order - Minute Order (Order to Show Cause Re: Dismissal for the parties failure to ...)

8/20/2020: Minute Order - Minute Order (Order to Show Cause Re: Dismissal for the parties failure to ...)

Minute Order - Minute Order (Status Conference)

11/22/2019: Minute Order - Minute Order (Status Conference)

Minute Order - Minute Order (Hearing on Motion - Other Motion to Relate Cases)

10/10/2019: Minute Order - Minute Order (Hearing on Motion - Other Motion to Relate Cases)

Proof of Service by Substituted Service - Proof of Service by Substituted Service

5/24/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Certificate of Mailing for - Certificate of Mailing for [Notice of Continuance Due to COVID-19 State of Emergency Declarations]

4/23/2020: Certificate of Mailing for - Certificate of Mailing for [Notice of Continuance Due to COVID-19 State of Emergency Declarations]

Minute Order - Minute Order (Order to Show Cause Re: Dismissal of the Parties to File Amen...)

4/9/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal of the Parties to File Amen...)

Request for Judicial Notice - Request for Judicial Notice

9/17/2020: Request for Judicial Notice - Request for Judicial Notice

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

3/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Status Conference and Order - Notice of Status Conference and Order

10/15/2019: Notice of Status Conference and Order - Notice of Status Conference and Order

Answer - Answer

7/15/2019: Answer - Answer

Notice (name extension) - Notice of Tentative Ruling Regarding Defendant's Demurrer to Complaint

6/6/2019: Notice (name extension) - Notice of Tentative Ruling Regarding Defendant's Demurrer to Complaint

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

5/2/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Civil Case Cover Sheet - Civil Case Cover Sheet

2/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

37 More Documents Available

 

Docket Entries

  • 11/30/2022
  • Hearing11/30/2022 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 04/12/2021
  • DocketNon-Appearance Case Review scheduled for 11/30/2022 at 09:00 AM in Stanley Mosk Courthouse at Department 61

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  • 04/09/2021
  • DocketMinute Order (Order to Show Cause Re: Dismissal of the Parties to File Amen...)

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  • 04/09/2021
  • DocketOrder to Show Cause Re: Dismissal of the Parties to File Amended Cross-Complaint scheduled for 04/09/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 61 updated: Result Date to 04/09/2021; Result Type to Held

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  • 04/08/2021
  • DocketOrder to Show Cause Re: Dismissal of the Parties to File Amended Cross-Complaint scheduled for 04/09/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 61

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  • 04/08/2021
  • DocketMinute Order (Nunc Pro Tunc Order)

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  • 03/04/2021
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 03/03/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 61 Not Held - Taken Off Calendar by Court on 03/03/2021

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  • 03/03/2021
  • DocketSubstitution of Attorney; Filed by: Wendy Santiago (Defendant)

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  • 03/03/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473); Ord...)

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  • 03/03/2021
  • DocketOrder to Show Cause Re: Dismissal for the Parties Failure to File an Amended cross-complaint scheduled for 03/03/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 61 updated: Result Date to 03/03/2021; Result Type to Held

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77 More Docket Entries
  • 05/02/2019
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 06/03/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/02/2019
  • DocketDemurrer - without Motion to Strike; Filed by: Edgar Santiago (Defendant)

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  • 02/25/2019
  • DocketNon-Jury Trial scheduled for 08/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/25/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 02/22/2019
  • DocketComplaint; Filed by: FML Management Corp. (Plaintiff); As to: Edgar Santiago (Defendant); Wendy Santiago (Defendant)

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  • 02/22/2019
  • DocketSummons on Complaint; Issued and Filed by: FML Management Corp. (Plaintiff); As to: Edgar Santiago (Defendant); Wendy Santiago (Defendant)

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  • 02/22/2019
  • DocketCivil Case Cover Sheet; Filed by: FML Management Corp. (Plaintiff); As to: Edgar Santiago (Defendant); Wendy Santiago (Defendant)

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  • 02/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01894    Hearing Date: March 03, 2021    Dept: 61

Defendant Wendy Santiago’s Motion to Set Aside Default is DENIED.

  1. MOTION TO VACATE DEFAULT

“The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).)

Wendy moves to vacate the default entered against her on May 24, 2019. The basis for the motion is unclear. The motion seeks relief under Code of Civil Procedure § 473, subd. (d), which allows for the setting aside of void orders. But there is no basis in the motion for finding the default entered against Wendy void. She says it is void because the court lacked personal jurisdiction over her, yet the verified proof of service of summons filed on May 24, 2019, states that substitute service was accomplished upon Wendy’s husband at her address on March 3, 2019. Wendy offers no reason to doubt the attestations contained in the proof of service.

Wendy goes on to argue that the claims against her are substantively defective, citing statutes preventing unlicensed real estate brokers from suing in collections actions for brokerage services. (Motion at pp. 3–4.) But this argument has no evident application to the facts of this case, and in any event this argument provides no basis for relief from an otherwise proper default.

Wendy finally argues that the motion may be granted based on the court’s inherent power to set aside orders grounded on fraud. (Motion at pp. 6–7.) But there is no basis presented to find that the default was obtained fraudulently.

The motion is DENIED.

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