This case was last updated from Los Angeles County Superior Courts on 01/27/2021 at 01:44:19 (UTC).

GREEN KNIGHT SECURITY INC. VS MARGAUX VIERA

Case Summary

On 06/17/2020 GREEN KNIGHT SECURITY INC filed a Contract - Other Contract lawsuit against MARGAUX VIERA. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5076

  • Filing Date:

    06/17/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

GREEN KNIGHT SECURITY INC.

Defendant

VIERA MARGAUX

Attorney/Law Firm Details

Plaintiff Attorney

PALOCI HENRY

Defendant Attorney

LAI ANTHONY WEN

 

Court Documents

Opposition (name extension) - Opposition to Defendant's Motion to Quash Service and Set Aside Default

1/11/2021: Opposition (name extension) - Opposition to Defendant's Motion to Quash Service and Set Aside Default

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

1/12/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration of Margaux Viera & Memorandum of Points and Authorities

1/12/2021: Declaration (name extension) - Declaration of Margaux Viera & Memorandum of Points and Authorities

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

1/12/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

1/25/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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

10/6/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Judgment - Judgment Judgment

9/4/2020: Judgment - Judgment Judgment

Answer - Answer

9/4/2020: Answer - Answer

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

9/8/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

9/8/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Brief (name extension) - Brief Brief in Support of Request for Entry of Judgment

8/17/2020: Brief (name extension) - Brief Brief in Support of Request for Entry of Judgment

Request for Dismissal - Request for Dismissal

8/17/2020: Request for Dismissal - Request for Dismissal

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

8/17/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/16/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

6/17/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

6/17/2020: Summons - Summons on Complaint

Complaint - Complaint

6/17/2020: Complaint - Complaint

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

6/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7 More Documents Available

 

Docket Entries

  • 03/03/2021
  • Hearing03/03/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)

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  • 01/25/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 03/03/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 01/25/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 01/25/2021
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 01/25/2021 at 09:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 03/03/2021 10:00 AM

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  • 01/12/2021
  • DocketDeclaration of Margaux Viera & Memorandum of Points and Authorities; Filed by: Margaux Viera (Defendant)

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  • 01/12/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Margaux Viera (Defendant)

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  • 01/12/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Margaux Viera (Defendant); As to: Green Knight Security Inc. (Plaintiff)

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  • 01/11/2021
  • DocketOpposition to Defendant's Motion to Quash Service and Set Aside Default; Filed by: Green Knight Security Inc. (Plaintiff)

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  • 11/05/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 01/25/2021 at 09:00 AM in Spring Street Courthouse at Department 25

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  • 10/06/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Green Knight Security Inc. (Plaintiff)

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14 More Docket Entries
  • 08/13/2020
  • DocketDefault entered as to Margaux Viera; On the Complaint filed by Green Knight Security Inc. on 06/17/2020

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  • 08/13/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Green Knight Security Inc. (Plaintiff); As to: Margaux Viera (Defendant)

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  • 07/16/2020
  • DocketProof of Personal Service; Filed by: Green Knight Security Inc. (Plaintiff); As to: Margaux Viera (Defendant); Service Date: 07/06/2020; Service Cost: 69.50; Service Cost Waived: No

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  • 06/17/2020
  • DocketNon-Jury Trial scheduled for 12/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/21/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/17/2020
  • DocketComplaint; Filed by: Green Knight Security Inc. (Plaintiff); As to: Margaux Viera (Defendant)

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  • 06/17/2020
  • DocketSummons on Complaint; Issued and Filed by: Green Knight Security Inc. (Plaintiff); As to: Margaux Viera (Defendant)

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  • 06/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/17/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC05076    Hearing Date: January 25, 2021    Dept: 25

HEARING DATE: Mon., January 25, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Green Knight Security, Inc. v. Viera COMPL. FILED: 06-17-20

CASE NUMBER: 20STLC05076 DEFAULT: 08-13-20

NOTICE: OK DEF. JUDGMENT: 09-04-20

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT AND TO QUASH SERVICE OF SUMMONS

MOVING PARTY: Defendant Margaux Viera

RESP. PARTY: Plaintiff Green Knight Security, Inc.

MOTION TO SET ASIDE/VACATE DEFAULT; QUASH SERVICE OF SUMMONS

(CCP §§ 418.10; 473(b); 473.5)

TENTATIVE RULING:

Defendant Margaux Viera’s Motion to Set Aside Default and Default Judgment and to Quash Service of Summons is CONTINUED TO MARCH 3, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 January 11, 2021 [ ] Late [ ] None

REPLY: Filed on January 12, 2021 [ ] Late [ ] None

ANALYSIS:

  1. Background

On June 17, 2020, Plaintiff Green Knight Security, Inc. (“Plaintiff”) filed an action for breach of contract against Defendant Margaux Viera (“Defendant”). Following Defendant’s failure to answer the Complaint, default was entered against her on August 13, 2020. A default judgment was thereafter entered in the amount of $24,999.00 on September 4, 2020.

Defendant filed the instant Motion to Set Aside Default and Default Judgment and to Quash Service of Summons (the “Motion”) on September 8, 2020. Plaintiff filed an Opposition on January 11, and Defendant filed a Reply on January 12.

  1. Legal Standard & Discussion

When a motion to quash is brought concurrently with a motion to vacate default, the court must rule on the motion to vacate first. (Steven M. Garber & Assocs. v Eskandarian (2007) 150 Cal.App.4th 813, 823-24 [holding that a defendant against whom a default has been entered is out of court and is not entitled to take any further affirmative steps in the action except for a motion for relief from the default].) Accordingly, the Court considers Defendant’s request for relief from default first.

A. Request to Set Aside Default and Default Judgement

Defendant seeks relief from default and default judgment under Code of Civil Procedure section 473, subdivision (b), and section 473.5. (Mot., p. 3:13-23.) Under section 473, subdivision (b), an application for relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding 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.) Code of Civil Procedure section 473.5, on the other hand, provides that “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default…and for leave to defend the action.” (Code Civ. Proc., § 473.5, subd. (a).) The motion must be made within a reasonable time, but not exceeding two years after the entry of default judgment or 180 days after service on him or her of a written notice of the default or default judgment. (Id.) In addition, the Motion must “be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect,” as well as a copy of the proposed pleading to be filed in the action. (Code Civ. Proc., § 473.5, subd. (b).)

Defendant’s Motion is timely. She seeks to set aside the default and default judgment due to Plaintiff’s mistake, inadvertence, surprise, or excusable neglect or, alternatively, because she did not receive actual notice of this action. (Mot., p. 3:13-23; pp. 4:15-5:13.) Specifically, Defendant states that she was never personally or substitute-served with the Summons and Complaint or with any paperwork related to this proceeding. (1/12/21 Viera Decl., ¶¶ 4, 6, 7.) However, Defendant also contradictorily states that after speaking with her attorney on August 1, she “looked back through [her] stack of legal documents and found Plaintiff’s complaint.” (Id. ¶ 9.) Thus, before reaching a final decision, Defendant is ordered to file and serve a supplemental declaration clarifying the situation.

B. Motion to Quash

As Defendant’s request to set aside the default must be resolved first, the hearing on the Motion to Quash is CONTINUED.

  1. Conclusion & Order

For the foregoing reasons, Defendant Margaux Viera’s Motion to Set Aside Default and Default Judgment and to Quash Service of Summons is CONTINUED TO MARCH 3, 2021` AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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