This case was last updated from Los Angeles County Superior Courts on 10/03/2020 at 07:11:59 (UTC).

JOSHUA LEVIN VS SCOTT FRITSCHLE

Case Summary

On 12/12/2018 JOSHUA LEVIN filed a Contract - Other Contract lawsuit against SCOTT FRITSCHLE. 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 - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4848

  • Filing Date:

    12/12/2018

  • 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

WENDY CHANG

 

Party Details

Plaintiff

LEVIN JOSHUA

Defendant

FRITSCHLE SCOTT

Attorney/Law Firm Details

Plaintiff Attorney

MASON KRISTEN J.

 

Court Documents

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

8/12/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Brief (name extension) - Brief Proposed Answer

8/12/2020: Brief (name extension) - Brief Proposed Answer

Brief (name extension) - Brief Proposed Cross-Complaint

8/12/2020: Brief (name extension) - Brief Proposed Cross-Complaint

Cross-Complaint - Brief Proposed Cross-Complaint

7/15/2020: Cross-Complaint - Brief Proposed Cross-Complaint

Minute Order - Minute Order (Hearing on Ex Parte Application Ex Parte Application to Conti...)

7/21/2020: Minute Order - Minute Order (Hearing on Ex Parte Application Ex Parte Application to Conti...)

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

9/26/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Opposition (name extension) - Opposition to CCP 473 Motion; Declaration of Louis V. Kosnett

1/8/2020: Opposition (name extension) - Opposition to CCP 473 Motion; Declaration of Louis V. Kosnett

Minute Order - Minute Order (Hearing on Motion for Order Backdating Under CRC 2.259 and El...)

1/14/2020: Minute Order - Minute Order (Hearing on Motion for Order Backdating Under CRC 2.259 and El...)

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

1/30/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

1/30/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

1/30/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

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

1/30/2020: 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

1/30/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8/13/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Declaration (name extension) - Declaration in Support of Motion to Set Aside Default

8/15/2019: Declaration (name extension) - Declaration in Support of Motion to Set Aside Default

Declaration (name extension) - Declaration in Support of Motion

8/16/2019: Declaration (name extension) - Declaration in Support of Motion

First Amended Standing Order - First Amended Standing Order

12/12/2018: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

12/12/2018: Complaint - Complaint

32 More Documents Available

 

Docket Entries

  • 09/01/2020
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by: Joshua Levin (Plaintiff); As to: Scott Fritschle (Defendant)

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  • 08/31/2020
  • DocketPursuant to the request of moving party, Hearing on Motion for Sanctions scheduled for 09/02/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 08/31/2020

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  • 08/31/2020
  • DocketPursuant to the request of moving party, Hearing on Motion for Attorney Fees scheduled for 09/16/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 08/31/2020

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  • 08/31/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 10/19/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 08/31/2020

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  • 08/31/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 01/25/2021 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 08/31/2020

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  • 08/12/2020
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: Scott Fritschle (Defendant)

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  • 08/12/2020
  • DocketDeclaration of Michael J. Feldman; Filed by: Scott Fritschle (Defendant)

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  • 08/12/2020
  • DocketBrief Proposed Answer; Filed by: Scott Fritschle (Defendant)

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  • 08/12/2020
  • DocketBrief Proposed Cross-Complaint; Filed by: Scott Fritschle (Defendant)

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  • 08/10/2020
  • DocketRequest for Judicial Notice; Filed by: Joshua Levin (Plaintiff)

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54 More Docket Entries
  • 02/11/2019
  • DocketDefault entered as to Scott Fritschle; On the Complaint filed by Joshua Levin on 12/12/2018

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  • 02/06/2019
  • DocketProof of Personal Service; Filed by: Joshua Levin (Plaintiff); As to: Scott Fritschle (Defendant); Service Date: 01/07/2019; Service Cost Waived: Yes

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  • 12/17/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/15/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/17/2018
  • DocketNon-Jury Trial scheduled for 06/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/17/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 12/12/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/12/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/12/2018
  • DocketSummons on Complaint; Issued and Filed by: Joshua Levin (Plaintiff); As to: Scott Fritschle (Defendant)

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  • 12/12/2018
  • DocketCivil Case Cover Sheet; Filed by: Joshua Levin (Plaintiff); As to: Scott Fritschle (Defendant)

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  • 12/12/2018
  • DocketComplaint; Filed by: Joshua Levin (Plaintiff); As to: Scott Fritschle (Defendant)

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Tentative Rulings

Case Number: 18STLC14848    Hearing Date: January 14, 2020    Dept: 94

MOTION TO VACTE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Scott Fritschle’s Motion to Set Aside Default and Motion for Order Backdating Motion to Vacate Default are PLACED OFF CALENDAR.

ANALYSIS:

I. Background & Discussion

On December 12, 2018, Plaintiff Joshua Levin (“Plaintiff”) filed an action for breach of lease agreement and related claims against Defendant Scott Fritschle (“Defendant”). On February 11, 2019, default was entered against Defendant.

On August 15, 2019, Defendant filed the instant Motion to Vacate Default (the “Motion to Vacate.”) On August 16, 2019, Defendant filed a Motion for Order Backdating the Motion to Vacate Default (“Motion for Order to Backdate”). Defendant argued that due to an electronic filing error, the Motion to Vacate was filed late.

On September 26, 2019, the Court held a hearing for Defendant’s Motion to Vacate. The Court noted that it needed to make a determination on the Motion for Order to Backdate before it could rule on the Motion to Vacate. (9/26/19 Minute Order.) However, Defendant had not filed any proofs of service with respect to either Motion. (Id.) The Court continued the hearing for both Motions to January 14, 2020. (Id.) Additionally, the Court ordered Defendant to serve Plaintiff with papers of both Motions and concurrently file proofs of service. (Id.) Further, the Court warned that “[f]ailure to comply with the Court’s order may result in both Motions being placed off calendar or denied.” (Id.)

Despite the Court’s warning, Defendant has not filed a proof of service for either Motion as ordered. Accordingly, both Motions are PLACED OFF CALENDAR.

II. Conclusion & Order

For the foregoing reasons, Defendant Scott Fritschle’s Motion to Set Aside Default and Motion for Order Backdating Motion to Vacate Default are PLACED OFF CALENDAR.

Moving party to give notice.