This case was last updated from Los Angeles County Superior Courts on 09/23/2021 at 01:05:50 (UTC).

FML MANAGEMENT CORP. VS JOSE D CHINCHILLA , ET AL.

Case Summary

On 02/22/2019 FML MANAGEMENT CORP filed a Contract - Other Contract lawsuit against JOSE D CHINCHILLA . 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:

    *******1856

  • Filing Date:

    02/22/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

FML MANAGEMENT CORP.

Defendants

CHINCHILLA JOSE D

VILLEGAS MARTA J

CHINCHILLA JOSE D.

VILLEGAS MARTA J.

Attorney/Law Firm Details

Plaintiff Attorney

NUSSBAUM LANE

Defendant Attorney

WADE AMIEL

 

Court Documents

Notice of Ruling - Notice of Ruling

4/1/2020: Notice of Ruling - Notice of Ruling

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

Minute Order - Minute Order (Nunc Pro Tunc Order)

2/27/2020: Minute Order - Minute Order (Nunc Pro Tunc Order)

Minute Order - Minute Order (Order to Show Cause Re: service of cross complaint for trust ...)

2/28/2020: Minute Order - Minute Order (Order to Show Cause Re: service of cross complaint for trust ...)

Minute Order - Minute Order (Status Conference)

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

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

Notice of Ruling - Notice of Ruling

6/21/2019: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

6/5/2019: Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

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

Substitution of Attorney - Substitution of Attorney

5/20/2021: Substitution of Attorney - Substitution of Attorney

Substitution of Attorney - Substitution of Attorney

5/20/2021: Substitution of Attorney - Substitution of Attorney

Declaration (name extension) - Declaration re: Motion to set aside default

3/3/2021: Declaration (name extension) - Declaration re: Motion to set aside default

Minute Order - Minute Order (Order to Show Cause Re: Re Dismissal for the Parties Failure ...)

3/3/2021: Minute Order - Minute Order (Order to Show Cause Re: Re Dismissal for the Parties Failure ...)

Substitution of Attorney - Substitution of Attorney

2/8/2021: Substitution of Attorney - Substitution of Attorney

Minute Order - Minute Order (Court Order) of 08/31/2020

8/31/2020: Minute Order - Minute Order (Court Order) of 08/31/2020

Answer - Answer

7/9/2019: Answer - Answer

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

5/24/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

First Amended Standing Order - First Amended Standing Order

2/22/2019: First Amended Standing Order - First Amended Standing Order

48 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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  • 05/20/2021
  • DocketNotice of Ruling Ruling Re Defendant Marta J. Villegas's Motion to Set Aside Default; Signed and Filed by: Clerk

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  • 05/20/2021
  • DocketSubstitution of Attorney; Filed by: Jose D. Chinchilla (Defendant)

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  • 05/20/2021
  • DocketSubstitution of Attorney; Filed by: Marta J. Villegas (Defendant)

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  • 05/20/2021
  • DocketOn the Complaint filed by FML Management Corp. on 02/22/2019, Default entered on 05/24/2019, Vacated - .

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  • 05/20/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

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  • 05/20/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 05/20/2021; Filed by: Clerk

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  • 05/20/2021
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 05/20/2021 at 10:00 AM in Stanley Mosk Courthouse at Department 61 updated: Result Date to 05/20/2021; Result Type to Held

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  • 05/20/2021
  • DocketUpdated -- Motion to Set Aside/Vacate Default: Filed By: Marta J. Villegas (Defendant); Result: Granted; Result Date: 05/20/2021

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  • 05/17/2021
  • DocketCase Management Statement; Filed by: Jose D. Chinchilla (Defendant); Marta J. Villegas (Defendant)

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88 More Docket Entries
  • 03/27/2019
  • DocketProof of Personal Service; Filed by: Jose D Chinchilla (Defendant); As to: FML Management Corp. (Plaintiff); Service Date: 03/27/19; Service Cost: 0.00; Service Cost Waived: No

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  • 03/27/2019
  • DocketProof of Personal Service; Filed by: Marta J Villegas (Defendant); As to: FML Management Corp. (Plaintiff); Service Cost Waived: No

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  • 03/11/2019
  • DocketSummons on Complaint; Issued and Filed by: FML Management Corp. (Plaintiff); As to: Jose D Chinchilla (Defendant); Marta J Villegas (Defendant)

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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
  • 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
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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

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

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  • 02/22/2019
  • DocketCivil Case Cover Sheet; Filed by: FML Management Corp. (Plaintiff); As to: Jose D Chinchilla (Defendant); Marta J Villegas (Defendant)

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  • 02/22/2019
  • DocketComplaint; Filed by: FML Management Corp. (Plaintiff); As to: Jose D Chinchilla (Defendant); Marta J Villegas (Defendant)

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Tentative Rulings

Case Number: 19STLC01856    Hearing Date: May 20, 2021    Dept: 61

Defendant Marta J. Villegas’s Motion to Set Aside Default is GRANTED.

I. MOTION TO VACATE DEFAULT

The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.

(Code Civ. Proc. § 473, subd. (b).)

Defendant Villegas moves to vacate the default entered against her on May 24, 2019, on the grounds that she has continually believed herself to be an active defendant in this case and did not learn that default had been entered until October 16, 2020. (Villegas Decl. ¶ 29.) Villegas moves for relief on the grounds that the default was entered against her based on this mistake, and seeks relief under both the above statute and this court’s equitable power to vacate a default on equitable grounds. (Motion at pp. 7–10.)

No relief from default may be had here under Code of Civil Procedure § 473, as more than six months has passed since the May 24, 2019 default was entered. But relief is available to Villegas under this court’s equitable powers based on extrinsic mistake. Gallegas is also entitled to relief from default because the complaint upon which default was entered was amended following the court’s order sustaining co-defendant Chinchilla’s demurrer.

“After six months from entry of default, a trial court may still vacate a default on equitable grounds even if statutory relief is unavailable.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981.) To obtain equitable relief on this basis, three elements must be shown. “First, the defaulted party must demonstrate that it has a meritorious case. Second, the party seeking to set aside the default must articulate a satisfactory excuse for not presenting a defense to the original action. Last, the moving party must demonstrate diligence in seeking to set aside the default once ... discovered.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982, internal quotation marks and citations omitted.)

Here, Villegas has satisfied the three elements. First, Villegas has made a showing that she possesses a meritorious defense by virtue of the proposed answer offered by her attorney. (Chavez Decl. Exh. A.) Second, Villegas has a satisfactory excuse for not presenting this defense at an earlier date, given that she has participated in this litigation and believed herself to be a continuing party to it up until she learned of the default, including by filing a previous answer on July 9, 2019, with Chinchilla. And Villegas has demonstrated diligence in bringing the present motion in relation to when she learned of the default. Plaintiff has filed no opposition contesting these points.

It is also proper to order that the default be vacated by virtue of the amended complaint that Plaintiff filed after it was entered. “It is settled by a long line of decisions that where, after the default of a defendant has been entered, a complaint is amended in matter of substances as distinguished from mere matter of form, the amendment opens the default, and unless the amended pleading be served on the defaulting defendant, no judgment can properly be entered on the default.” (Thompson v. Cook (1942) 20 Cal.2d 564, 568.) Here, default was entered against Gallegas only before the court sustained Chinchilla’s demurrer to the original complaint for failure to allege standing. (See 6/5/2019 Minute Order.) The FAC was then served on both Chinchilla and Villegas, and both filed an answer. The amendment of the complaint to include critical and previously omitted allegations of standing effectively operated to vacate the default.

The motion to set aside the default is therefore GRANTED.

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