This case was last updated from Los Angeles County Superior Courts on 10/18/2021 at 01:33:18 (UTC).

GUADALUPE RAMIREZ VS MARIA HAYDEE CRUZ, ET AL.

Case Summary

On 05/25/2018 GUADALUPE RAMIREZ filed a Contract - Other Contract lawsuit against MARIA HAYDEE CRUZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7679

  • Filing Date:

    05/25/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

RAMIREZ GUADALUPE

Los Angeles, CA 90011

Defendants

EXTRA SPACE STORAGE INC

CRUZ MARIA HAYDEE

CRUZ MARIA AIDE

Los Angeles, CA 90001

Attorney/Law Firm Details

Plaintiff Attorneys

MELLS ALEXANDRA KATHRYN

MELLS ALEXANDRA KATHRYN ESQ.

Defendant Attorneys

PARMINTER STEVEN ROBERT ESQ.

PARMINTER STEVEN R

 

Court Documents

Notice of Continuance - Notice of Continuance

10/12/2021: Notice of Continuance - Notice of Continuance

Declaration (name extension) - Declaration in Support of a Request for a Continuance of the Trial

10/4/2021: Declaration (name extension) - Declaration in Support of a Request for a Continuance of the Trial

Minute Order - Minute Order (Non-Jury Trial as to Remaining Defendant Maria Haydee Cruz;)

10/5/2021: Minute Order - Minute Order (Non-Jury Trial as to Remaining Defendant Maria Haydee Cruz;)

Substitution of Attorney - Substitution of Attorney

6/9/2021: Substitution of Attorney - Substitution of Attorney

Substitution of Attorney - Substitution of Attorney

6/3/2021: Substitution of Attorney - Substitution of Attorney

Minute Order - Minute Order (Nunc Pro Tunc Order)

5/24/2021: Minute Order - Minute Order (Nunc Pro Tunc Order)

Minute Order - Minute Order (Non-Jury Trial)

5/24/2021: Minute Order - Minute Order (Non-Jury Trial)

Request for Dismissal - Request for Dismissal

11/18/2020: Request for Dismissal - Request for Dismissal

Motion to Continue Trial Date - Motion to Continue Trial Date

4/9/2021: Motion to Continue Trial Date - Motion to Continue Trial Date

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 04/12/2021

4/12/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 04/12/2021

Minute Order - Minute Order (Non-Jury Trial;)

4/12/2021: Minute Order - Minute Order (Non-Jury Trial;)

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

4/29/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 11/26/2019

11/26/2019: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 11/26/2019

Minute Order - Minute Order (Ruling on Submitted Matter)

11/26/2019: Minute Order - Minute Order (Ruling on Submitted Matter)

Minute Order - Minute Order (Nunc Pro Tunc Order)

12/6/2019: Minute Order - Minute Order (Nunc Pro Tunc Order)

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 12/06/2019

12/6/2019: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 12/06/2019

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

10/25/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

10/24/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

63 More Documents Available

 

Docket Entries

  • 11/01/2021
  • Hearing11/01/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/12/2021
  • DocketNotice of Continuance; Filed by: Guadalupe Ramirez (Plaintiff)

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  • 10/05/2021
  • DocketMinute Order (Non-Jury Trial as to Remaining Defendant Maria Haydee Cruz;)

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  • 10/05/2021
  • DocketPursuant to the request of plaintiff, Non-Jury Trial (as to Remaining Defendant Maria Haydee Cruz scheduled for 10/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Party's Motion was rescheduled to 11/01/2021 08:30 AM

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  • 10/04/2021
  • DocketDeclaration in Support of a Request for a Continuance of the Trial; Filed by: Guadalupe Ramirez (Plaintiff)

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  • 10/01/2021
  • DocketUpdated -- Substitution of Attorney: As To Parties: Guadalupe Ramirez (Plaintiff)

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  • 10/01/2021
  • DocketUpdated -- Alexandra Kathryn Mells, Esq. (Attorney): Name Suffix: Esq.

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  • 10/01/2021
  • DocketAddress for Alexandra Kathryn Mells, Esq. (Attorney) updated

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  • 10/01/2021
  • DocketUpdated -- Steven Robert Parminter, Esq. (Attorney): Organization Name changed from WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP to Wilson Elser et al LLP; Name Suffix: Esq. Middle Name changed from R to Robert

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  • 10/01/2021
  • DocketAddress for Steven Robert Parminter, Esq. (Attorney) updated

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99 More Docket Entries
  • 07/26/2018
  • DocketProof of service by first-class mail - civil; Filed by: Maria Aide Cruz (Defendant); As to: Guadalupe Ramirez (Plaintiff); After Substituted Service of Summons & Complaint ?: No

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  • 05/25/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/25/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/25/2018
  • DocketCivil Case Cover Sheet; Filed by: Guadalupe Ramirez (Plaintiff)

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  • 05/25/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Guadalupe Ramirez (Plaintiff)

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  • 05/25/2018
  • DocketRequest to Waive Court Fees; Filed by: Guadalupe Ramirez (Plaintiff)

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  • 05/25/2018
  • DocketComplaint; Filed by: Guadalupe Ramirez (Plaintiff); As to: Maria Haydee Cruz (Defendant); Extra Space Storage Inc (Defendant)

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  • 05/25/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 05/25/2018
  • DocketNon-Jury Trial scheduled for 11/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/25/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/28/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC07679    Hearing Date: October 24, 2019    Dept: 94

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b), mandatory)

TENTATIVE RULING:

Defendant Extra Space Storage, Inc.’s Motion to Vacate Default and Default Judgment is GRANTED.

OPPOSITION: Defendant Extra Space Storage has not provided a satisfactory explanation for the delay between its discovery of the default and filing this motion.

REPLY: Defendant Extra Space Storage discovered the default in February 2019 and immediately reached out to Plaintiff to have it set aside. After being informed Plaintiff wanted to speak to his legal advisor, Defendant Extra Space Storage reached out again in March 2019. When the parties were not able to reach a resolution, the motion was filed on March 18, 2019.

SUPP. REPLY: The entry of default in September 2018 was the result of improper service and should be stricken.

ANALYSIS:

On May 25, 2018, Plaintiff Guadalupe Ramirez (“Plaintiff”) brought this breach-of-contract action against Defendants Maria Haydee Cruz and Extra Space Storage, Inc. (“ESS”). Following ESS’ failure to file a responsive pleading, Plaintiff filed a request for entry of default on August 22, 2018. On August 31, 2018, the request was rejected for failure to indicate service on a corporate officer or authorized agent.

Plaintiff then filed an Amended Proof of Service and second request for entry of default on September 7, 2018. Default was entered against ESS on the same date. On November 7, 2018, the court set an “OSC re Why the Proof of Service upon Defendant Extra Space Storage, Inc. Should Not Be Stricken for the Failure to Properly Serve a ‘General Manager’ or ‘Agent for Service of Process’. Plaintiff only purported served “Kimberly Moore, Manager,” and not a “General Manager” as set forth in Extra Storage Space, Inc’s ‘Statement of Information (Foreign Corporation)’ filed with the Secretary of State’s office.” (Minute Order, dated 11/07/18.) The OSC was set for February 15, 2019. Also, on November 15, 2018, the court rejected Plaintiff’s request for default judgment against ESS on the same grounds, namely that the proof of service was defective.

On December 18, 2018, Plaintiff filed another proof of personal service indicating that ESS was served through “Vivian Imperial Intake Specialist CT Corp/Extra Space Storage Inc.” (POS, filed 12/18/18.) Plaintiff’s request for default judgment was then entered on January 15, 2019.

On March 18, 2019, ESS filed the instant Motion to Vacate Default and Default Judgment (the “Motion”) under the mandatory provision of CCP § 473(b). The motion initially came for hearing on May 7, 2019, at which time it was continued for further briefing. ESS filed a supplemental brief on June 10, 2019.

The supplemental motion now contends that the default entered on September 7, 2018 was improper. The court agrees and finds that the resulting default judgment must also be struck. The default entered on September 7, 2018 was based on the Amended Proof of Service filed on the same date. Although facially valid insofar as it purported to demonstrate service of the Summons and Complaint on ESS through “Kimberly Moore, Authorized Agent,” ESS has now filed evidence demonstrating that there is no such person associated with its company. (See Supp. Reply, Nelson Decl., ¶5.) Service of the Summons and Complaint on “Kimberly Moore,” therefore, was improper and cannot uphold the September 7, 2018 entry of default.

The default judgment entered on January 15, 2019 is also improper because it follows from the September 7, 2018 entry of default. Plaintiff filed a proof of service as to ESS demonstrating proper service occurred only on December 7, 2018. No default was entered against ESS after that date.

Based on the foregoing, ESS’ Motion to Vacate Default and Default Judgment is GRANTED.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Guadalupe Ramirez’s Motion Compelling Defendant Maria Haydee Cruz To Respond To Form Interrogatories, Set One, is GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS.

REQUEST FOR RELIEF: Compel Defendant Maria Haydee Cruz to provide verified responses to the form interrogatories, without objections. (Code Civ. Proc., §§ 2030.290.)

OPPOSITION: None filed as of October 23, 2019.

REPLY: None filed as of October 23, 2019.

ANALYSIS:

Plaintiff Guadalupe Ramirez (“Plaintiff”) propounded Form Interrogatories Set One on Defendant Maria Haydee Cruz (“Defendant”) on July 22, 2019. (Motion, Ramirez Decl., ¶4 and Exh. A.) To date, no responses have been served. (Id. at ¶5.)

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Based on the foregoing, Plaintiff Guadalupe Ramirez’s Motion Compelling Defendant Maria Haydee Cruz To Respond To Form Interrogatories, Set One, is GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS.

Moving party to give notice.

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