This case was last updated from Los Angeles County Superior Courts on 04/23/2020 at 06:30:06 (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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • 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

Defendant Attorney

PARMINTER STEVEN R

 

Court Documents

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

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

Notice (name extension) - Notice Of Non Opposition By Plaintiff To Defendants Motion To Vacate Default Judgment

8/26/2019: Notice (name extension) - Notice Of Non Opposition By Plaintiff To Defendants Motion To Vacate Default Judgment

Reply (name extension) - Reply TO PLAINTIFFS OPPOSITION

5/6/2019: Reply (name extension) - Reply TO PLAINTIFFS OPPOSITION

Minute Order - Minute Order (Hearing on Motion to Vacate Default Judgment)

5/7/2019: Minute Order - Minute Order (Hearing on Motion to Vacate Default Judgment)

Notice (name extension) - Notice of Non-Opposition to Motion

4/30/2019: Notice (name extension) - Notice of Non-Opposition to Motion

Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction

4/2/2019: Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

1/15/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

2/26/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration of Min K. Kim in Support of Defendant Extra Space Storage, Inc.'s Motion to Vacate Default Judgment

3/18/2019: Declaration (name extension) - Declaration Declaration of Min K. Kim in Support of Defendant Extra Space Storage, Inc.'s Motion to Vacate Default Judgment

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

1/4/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Minute Order - Minute Order (Court Order)

11/7/2018: Minute Order - Minute Order (Court Order)

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

9/17/2018: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Request for Entry of Default / Judgment

8/22/2018: Request for Entry of Default / Judgment

Order on Court Fee Waiver (Superior Court)

7/26/2018: Order on Court Fee Waiver (Superior Court)

Order on Court Fee Waiver (Superior Court)

5/25/2018: Order on Court Fee Waiver (Superior Court)

51 More Documents Available

 

Docket Entries

  • 06/23/2020
  • Hearing06/23/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/06/2019
  • DocketNon-Jury Trial scheduled for 06/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/06/2019
  • DocketOn the Complaint filed by Guadalupe Ramirez on 05/25/2018, Default entered on 09/07/2018, Vacated - .

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  • 12/06/2019
  • DocketOn the Complaint filed by Guadalupe Ramirez on 05/25/2018, judgment entered on 01/15/2019 as to Extra Space Storage Inc is

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  • 12/06/2019
  • DocketUpdated -- On the Complaint filed by Guadalupe Ramirez on 05/25/2018, judgment entered on 01/15/2019 is vacated

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  • 12/06/2019
  • DocketMinute Order (Nunc Pro Tunc Order)

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  • 12/06/2019
  • DocketCertificate of Mailing for (Nunc Pro Tunc Order) of 12/06/2019; Filed by: Clerk

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  • 11/26/2019
  • DocketMinute Order (Ruling on Submitted Matter)

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  • 11/26/2019
  • DocketCertificate of Mailing for (Ruling on Submitted Matter) of 11/26/2019; Filed by: Clerk

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  • 10/25/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Guadalupe Ramirez (Plaintiff)

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75 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
  • DocketComplaint; Filed by: Guadalupe Ramirez (Plaintiff); As to: Maria Haydee Cruz (Defendant); Extra Space Storage Inc (Defendant)

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

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

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

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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.