This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 08:13:37 (UTC).

JAVIER ANGEL, ET AL. VS JE GROUP, INC., ET AL.

Case Summary

On 09/22/2020 JAVIER ANGEL filed an Other lawsuit against JE GROUP, INC . 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3053

  • Filing Date:

    09/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioners

ANGEL JAVIER

ANGEL GRISELDA

Defendants

SURETY

HUDSON INSURANCE COMPANY

Respondent

JE GROUP INC. DBA KASH WHOLESALE

Attorney/Law Firm Details

Petitioner Attorney

SADR KASRA

Defendant Attorney

GASCOU CHRISTIAN JEAN

Respondent Attorney

MRICH LOTFY

 

Court Documents

Answer - Answer

9/14/2021: Answer - Answer

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 09/07/2021

9/7/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 09/07/2021

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

9/7/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

General Denial - General Denial

9/7/2021: General Denial - General Denial

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

8/2/2021: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Affidavit (name extension) - Affidavit of fault by Lotfy Mrich Attorney For Defendant JE Group Inc.

8/2/2021: Affidavit (name extension) - Affidavit of fault by Lotfy Mrich Attorney For Defendant JE Group Inc.

Declaration (name extension) - Declaration of Edgard Miranda in Support of JE Group Inc.'s Motion To Set Aside.

8/2/2021: Declaration (name extension) - Declaration of Edgard Miranda in Support of JE Group Inc.'s Motion To Set Aside.

General Denial - General Denial

8/2/2021: General Denial - General Denial

Request for Dismissal - Request for Dismissal

8/27/2021: Request for Dismissal - Request for Dismissal

Notice of Related Case - Notice of Related Case

4/8/2021: Notice of Related Case - Notice of Related Case

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

2/16/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

12/11/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

12/11/2020: Proof of Personal Service - Proof of Personal Service

Answer - Answer

12/23/2020: Answer - Answer

Minute Order - Minute Order (Court Order)

1/22/2021: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 01/22/2021

1/22/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 01/22/2021

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

10/5/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Request for Dismissal - Request for Dismissal

10/5/2020: Request for Dismissal - Request for Dismissal

13 More Documents Available

 

Docket Entries

  • 03/24/2022
  • Hearing03/24/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/14/2021
  • DocketAnswer; Filed by: JE Group, Inc. (Respondent); As to: Javier Angel (Petitioner); Griselda Angel (Petitioner)

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  • 09/07/2021
  • DocketUpdated -- General Denial: Status Date changed from 08/02/2021 to 09/07/2021; As To Parties: removed

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  • 09/07/2021
  • DocketOn the Complaint filed by Javier Angel, et al. on 09/22/2020, Default entered on 02/16/2021, Vacated - .

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  • 09/07/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

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  • 09/07/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 09/07/2021; Filed by: Clerk

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  • 09/07/2021
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 09/07/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/07/2021; Result Type to Held - Motion Granted

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  • 08/27/2021
  • DocketOn the Complaint filed by Javier Angel, et al. on 09/22/2020, entered Request for Dismissal without prejudice filed by Javier Angel and Griselda Angel as to Hudson Insurance Company

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  • 08/03/2021
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 09/07/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 08/02/2021
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: JE Group, Inc. (Respondent); As to: Javier Angel (Petitioner)

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16 More Docket Entries
  • 10/05/2020
  • DocketAddress for Kasra Sadr (Attorney) null

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  • 09/22/2020
  • DocketComplaint; Filed by: Javier Angel (Petitioner); Griselda Angel (Petitioner); As to: JE Group, Inc. (Respondent); SURETY (Defendant)

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  • 09/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Javier Angel (Petitioner); Griselda Angel (Petitioner); As to: JE Group, Inc. (Respondent)

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  • 09/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Javier Angel (Petitioner); Griselda Angel (Petitioner); As to: JE Group, Inc. (Respondent)

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  • 09/22/2020
  • DocketSummons on Complaint; Issued and Filed by: Javier Angel (Petitioner); Griselda Angel (Petitioner); As to: JE Group, Inc. (Respondent)

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  • 09/22/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 09/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/22/2020
  • DocketHearing on Petition Complaint scheduled for 01/26/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/22/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STCP03053\t Hearing Date: September 7, 2021 Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT ENTERED\r\nAGAINST DEFENDANT

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MOVING PARTY: Defendant\r\nJE Group, Inc.

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RESP. PARTY: None

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MOTION TO SET ASIDE DEFAULT

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(CCP § 473(b))

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TENTATIVE RULING:

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Defendant JE\r\nGroup, Inc.’s Motion to Set Aside Default is GRANTED. The default entered on\r\nFebruary 16, 2021 is HEREBY VACATED.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of August\r\n30, 2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof August 30, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On September 22, 2020, Plaintiffs\r\nJavier Angel and Griselda Angel (collectively, “Plaintiffs”) filed an action\r\nagainst JE Group, Inc. dba Kash Wholesale (“JE Group”) and Surety. Plaintiff\r\nfiled an amendment to the Complaint substituting Defendant Hudson Insurance\r\nCompany (“Hudson”) for Doe 31 on October 5, 2020. Defendant Surety was\r\ndismissed on October 8, 2020. (10/5/20 Request for Dismissal.) Defendant Hudson\r\nfiled an Answer on December 23, 2020.

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Following Defendant JE Group’s\r\nfailure to respond to the Complaint, default was entered against it on February\r\n16, 2021. (2/16/21 Request for Entry of Default.)

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Defendant JE Group filed the\r\ninstant Motion to Set Aside Default Entered (the Motion”) on August 2, 2021. No\r\nopposition has been filed.

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II. \r\nLegal\r\nStandard & Discussion

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Defendant JE Group\r\nseeks relief pursuant to Code of Civil Procedure section 473, subdivision (b).\r\n(Mot., p. 2) Under this\r\nstatute, an application for relief must be made no more than six months after\r\nentry of the judgment, dismissal, order, or other proceeding from which relief\r\nis sought and must be accompanied by an affidavit of fault attesting to the\r\nmistake, inadvertence, surprise or neglect of the moving party or its attorney.\r\n(Code Civ. Proc., § 473, subd. (b); English\r\nv. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

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Defendant JE Group’s Motion is timely\r\nand is accompanied by a copy of its proposed answer. Defendant JE Group\r\nexplains the mistake leading up to the entry default was compound. Moving\r\nDefendant’s counsel explains he received an email from JE Group’s managing\r\nofficer, Edgard Miranda (“Miranda”), on January 9, 2021, forwarding an email Mr.\r\nMiranda had received from the surety company regarding this lawsuit. (Mot. p.\r\n3, Mrich Decl., ¶¶ 2-4, Exh. B.) Counsel, however, was unable to respond as he\r\nwas struggling with health issues. (Id.) Mr. Miranda also explains that\r\nhe checked the status of this case online, saw Defendant JE Group’s bond\r\ncompany had filed an answer, and believed this was sufficient. (Id.,\r\nMiranda Decl., ¶¶ 3-5.) In March 2021, counsel discovered a default had been\r\nentered against his client, Defendant JE Group. (Id., Mrich Decl., ¶ 5.)\r\nMr. Miranda visited counsel’s office on April 15, 2021 to remedy the default but\r\ndid not have the required fees. (Id. at ¶ 7.) Mr. Miranda returned on\r\nJune 11, but counsel was out of the country for a medical procedure and\r\nreturned on July 12. (Id. at ¶ 8.) \r\n

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Based on the timely request to\r\nvacate the default supported by an attorney affidavit of fault, the unopposed\r\nMotion is GRANTED.

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III. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendant\r\nJE Group, Inc.’s Motion to Set Aside Default is GRANTED. The default entered on\r\nFebruary 16, 2021 is HEREBY VACATED.

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Moving party is ordered to give\r\nnotice.

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