On 01/14/2020 KELLEY JACKSON INTERIOR DESIGN, LLC filed a Contract - Other Contract lawsuit against LESLIE BALLAS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.
*******0363
01/14/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
KELLEY JACKSON INTERIOR DESIGN LLC
JACKSON KELLEY
BALLAS LESLIE
SIGELMAN PAUL S
IRMAS JARED MAXWELL
12/23/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
12/23/2020: Opposition (name extension) - Opposition to Motion to Set Aside Entry of Default
1/8/2021: Answer - Answer
7/8/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default
7/2/2020: Motion for Order (name extension) - Motion for Order to Set Aside Default and Proposed Answer
6/4/2020: Proof of Service by Mail - Proof of Service by Mail
5/11/2020: Proof of Personal Service - Proof of Personal Service
4/10/2020: Cross-Complaint - Cross-Complaint
4/22/2020: Summons - Summons on Cross Complaint
4/10/2020: Answer - Answer
3/2/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
3/3/2020: Declaration (name extension) - Declaration of Diligence to Accept Substitute Service
2/26/2020: Opposition (name extension) - Opposition to Motion to Quash Service of Summons and Complaint
2/14/2020: Motion to Quash Service of Summons - Motion to Quash Service of Summons
1/22/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
1/14/2020: Complaint - Complaint
1/14/2020: Summons - Summons on Complaint
1/14/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
Hearing01/17/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing07/13/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Motion to Set Aside/Vacate Default: Filed By: KELLEY JACKSON INTERIOR DESIGN, LLC (Cross-Defendant),Kelley Jackson (Cross-Defendant); Result: Granted; Result Date: 01/11/2021
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))
DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 01/11/2021 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/11/2021; Result Type to Held - Motion Granted
DocketAnswer; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Cross-Defendant); Kelley Jackson (Cross-Defendant); As to: LESLIE BALLAS (Cross-Complainant)
DocketObjection to Evidence in Support of Reply; Filed by: LESLIE BALLAS (Cross-Complainant)
DocketReply to Opposition; Filed by: Kelley Jackson (Cross-Defendant)
DocketAddress for Jared Maxwell Irmas (Attorney) updated
DocketOpposition to Motion to Set Aside Entry of Default; Filed by: LESLIE BALLAS (Cross-Complainant)
DocketHearing on Motion to Quash Service of Summons scheduled for 03/11/2020 at 10:30 AM in Spring Street Courthouse at Department 26
DocketProof of Service by Substituted Service; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff); Service Cost: 250.00; Service Cost Waived: No
DocketNon-Jury Trial scheduled for 07/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/17/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketSummons on Complaint; Issued and Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff); As to: LESLIE BALLAS (Defendant)
DocketCivil Case Cover Sheet; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff)
DocketComplaint; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff); As to: LESLIE BALLAS (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
Case Number: 20STLC00363 Hearing Date: January 11, 2021 Dept: 26
MOTION TO VACATE DEFAULT
(CCP § 473(b))
TENTATIVE RULING:
Cross-Defendant Kelley Jackson’s Motion to Vacate Entry of Default is CONDITIONALLY GRANTED. UPON FILING OF KELLEY JACKSON’S PROPOSED ANSWER BY JANUARY 11, 2021, THE DEFAULT ENTERED ON JUNE 10, 2020 IS HEREBY VACATED. KELLEY JACKSON’S COUNSEL OF RECORD IS ORDERED TO PAY ATTORNEY FEES AND COSTS OF $827.80 TO COUNSEL FOR CROSS-COMPLAINANT LESLIE BALLAS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
ANALYSIS:
Plaintiff Kelley Jackson Interior Design, LLC (“KJID”) filed the instant action for breach of contract and common counts against Defendant Leslie Ballas (“Ballas”) on January 14, 2020. On April 10, 2020, Ballas filed a Cross-Complaint against KJID and Kelley Jackson, an individual (“Jackson”). On June 4, 2020, KJID filed an Answer to the Cross-Complaint. The Court entered default against Jackson on the Cross-Complaint on June 10, 2020.
Jackson filed the instant Motion to Vacate Default on July 2, 2020. Ballas filed an opposition on December 23, 2020.
Discussion
Jackson seeks relief from the default entered on June 10, 2020 pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)
The Motion is timely brought six months after entry of default of the action and supported by an attorney declaration of fault. Defense counsel declares that he inadvertently failed to include Jackson in the Answer to the Cross-Complaint filed on behalf of KJID. (Motion, Sigelman Decl., ¶1.) Jackson sought a stipulation from Plaintiff to vacate the entry of default that was refused. (Id. at ¶2.) The Motion states that it is accompanied by a copy of Jackson’s proposed Answer, as required under the moving statute. (Id. at ¶4.) However, the Court cannot locate the proposed Answer in the Motion papers. Jackson must file a copy of the proposed Answer by the January 11, 2021 hearing date.
Finally, Ballas is entitled to an award of attorney fees and costs as a result of moving party’s attorney’s fault in causing the entry of default. (Code Civ. Proc., § 483, subd. (b).) The amount sought, however, is excessive. Under a lodestar calculation, Ballas is awarded attorney fees of $800.00 and costs of $27.80. (Opp., Irmas Decl., ¶12.)
Conclusion
Cross-Defendant Kelley Jackson’s Motion to Vacate Entry of Default is CONDITIONALLY GRANTED. UPON FILING OF KELLEY JACKSON’S PROPOSED ANSWER BY JANUARY 11, 2021, THE DEFAULT ENTERED ON JUNE 10, 2020 IS HEREBY VACATED. KELLEY JACKSON’S COUNSEL OF RECORD IS ORDERED TO PAY ATTORNEY FEES AND COSTS OF $827.80 TO COUNSEL FOR CROSS-COMPLAINANT LESLIE BALLAS WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
Moving party to give notice.