This case was last updated from Los Angeles County Superior Courts on 05/30/2021 at 00:36:26 (UTC).

JM STORY, INC., A CALIFORNIA CORPORATION VS LOVE VINTAGE, INC.

Case Summary

On 08/01/2019 JM STORY, INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against LOVE VINTAGE, 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 WENDY CHANG. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7115

  • Filing Date:

    08/01/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

JM STORY INC. A CALIFORNIA CORPORATION

Defendant

LOVE VINTAGE INC.

Attorney/Law Firm Details

Plaintiff Attorney

MANN JEFF

Defendant Attorney

BARKIN STEVEN J

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

5/28/2021: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 05/28/2021

5/28/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 05/28/2021

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/28/2021

1/28/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/28/2021

Minute Order - Minute Order (Non-Jury Trial)

1/28/2021: Minute Order - Minute Order (Non-Jury Trial)

Proof of Personal Service - Proof of Personal Service

9/24/2019: Proof of Personal Service - Proof of Personal Service

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/24/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

9/24/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Answer - Answer

9/27/2019: Answer - Answer

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

9/30/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/30/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Civil Case Cover Sheet - Civil Case Cover Sheet

8/1/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/1/2019: Summons - Summons on Complaint

Complaint - Complaint

8/1/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

8/1/2019: First Amended Standing Order - First Amended Standing Order

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

8/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 05/28/2021
  • DocketOn the Complaint filed by JM Story, Inc., a California Corporation on 08/01/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 05/28/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 05/28/2021
  • DocketCertificate of Mailing for (Non-Jury Trial) of 05/28/2021; Filed by: Clerk

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  • 05/28/2021
  • DocketNon-Jury Trial scheduled for 05/28/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/28/2021

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  • 05/28/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/04/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/28/2021

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  • 01/28/2021
  • DocketNon-Jury Trial scheduled for 05/28/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/28/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 01/28/2021
  • DocketCertificate of Mailing for (Non-Jury Trial) of 01/28/2021; Filed by: Clerk

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  • 01/28/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 01/28/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 05/28/2021 08:30 AM

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  • 09/30/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: JM Story, Inc., a California Corporation (Plaintiff)

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3 More Docket Entries
  • 09/24/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 09/24/2019
  • DocketProof of Personal Service; Filed by: JM Story, Inc., a California Corporation (Plaintiff); As to: Love Vintage, Inc. (Defendant); Service Cost: 60.00; Service Cost Waived: No

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  • 08/02/2019
  • DocketNon-Jury Trial scheduled for 01/28/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/04/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/02/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 08/01/2019
  • DocketComplaint; Filed by: JM Story, Inc., a California Corporation (Plaintiff); As to: Love Vintage, Inc. (Defendant)

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  • 08/01/2019
  • DocketSummons on Complaint; Issued and Filed by: JM Story, Inc., a California Corporation (Plaintiff); As to: Love Vintage, Inc. (Defendant)

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  • 08/01/2019
  • DocketCivil Case Cover Sheet; Filed by: JM Story, Inc., a California Corporation (Plaintiff); As to: Love Vintage, Inc. (Defendant)

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  • 08/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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Case Number: 19STLC07115 Hearing Date: August 26, 2021 Dept: 26

JM Story, Inc. v. Love Vintage, Inc., et al. 19STLC07115

MOTION TO VACATE DISMISSAL

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(CCP § 473(b))

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TENTATIVE RULING:

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Plaintiff JM Story, Inc.’s\r\nMotion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON MAY 28, 2021 IS\r\nHEREBY VACATED.

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TRIAL IS RE-SET FOR August\r\n2, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

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ANALYSIS:

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On August 1, 2019, Plaintiff JM Story, Inc. (“Plaintiff”)\r\nfiled the instant action for breach of contract against Defendant Vintage Love,\r\nInc. (“Defendant”). Defendant filed an Answer on September 27, 2019.

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The matter was set for trial on January 28, 2021. Following\r\nPlaintiff’s failure to appear for trial, the Court continued the trial date to\r\nMay 28, 2021 and warned that failure to appear might result in the action being\r\ndismissed. (Minute Order, 01/28/21.) Upon Plaintiff’s failure to appear for\r\ntrial on May 28, 2021, the Court dismissed the action without prejudice.\r\n(Minute Order, 05/28/21.)

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Plaintiff filed the instant Motion to Vacate Dismissal on\r\nJuly 15, 2021. No opposition has been filed to date.

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Discussion

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Plaintiff seeks relief from the dismissal entered on May 28,\r\n2021 pursuant to Code of Civil Procedure, section 473, subdivision (b). Under\r\nthis statute, an application for relief must be made no more than six months\r\nafter entry of the order from which relief is sought and must be accompanied by\r\nan affidavit of fault attesting to the mistake, inadvertence, surprise or\r\nneglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd.\r\n(b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)\r\nThe Motion is brought pursuant to the mandatory provision for relief based on\r\nattorney fault.

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The Motion was timely brought\r\nless than six months after the dismissal was entered and is supported by an\r\nattorney affidavit of fault. Plaintiff’s attorney declares that they\r\ninadvertently did not calendar the May 28, 2021 date, resulting in dismissal of\r\nthe action. (Motion, Mann Decl., ¶3.) Based on the timely motion supported by\r\nan attorney affidavit of fault, Plaintiff is entitled to an order vacating the\r\ndismissal under Code of Civil Procedure, section 473, subdivision (b).

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Conclusion

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Plaintiff JM Story, Inc.’s\r\nMotion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON MAY 28, 2021 IS\r\nHEREBY VACATED.

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TRIAL IS RE-SET FOR August\r\n2, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

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Moving party to give\r\nnotice.

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