This case was last updated from Los Angeles County Superior Courts on 09/22/2021 at 03:13:47 (UTC).

KELLEY JACKSON INTERIOR DESIGN, LLC VS LESLIE BALLAS

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0363

  • Filing Date:

    01/14/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Cross Defendants and Plaintiffs

KELLEY JACKSON INTERIOR DESIGN LLC

JACKSON KELLEY

Cross Plaintiff and Defendant

BALLAS LESLIE

Attorney/Law Firm Details

Cross Defendant and Plaintiff Attorney

SIGELMAN PAUL S

Cross Plaintiff and Defendant Attorney

IRMAS JARED MAXWELL

 

Court Documents

Trial Brief - Trial Brief

9/17/2021: Trial Brief - Trial Brief

Exhibit List - Exhibit List

8/13/2021: Exhibit List - Exhibit List

Exhibit List - Exhibit List

8/13/2021: Exhibit List - Exhibit List

Notice (name extension) - Notice Notice of Order re: Motion to Set Aside Default

1/14/2021: Notice (name extension) - Notice Notice of Order re: Motion to Set Aside Default

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

12/23/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Opposition (name extension) - Opposition to Motion to Set Aside Entry of Default

12/23/2020: Opposition (name extension) - Opposition to Motion to Set Aside Entry of Default

Motion for Order (name extension) - Motion for Order to Set Aside Default and Proposed Answer

7/2/2020: Motion for Order (name extension) - Motion for Order to Set Aside Default and Proposed Answer

Proof of Service by Mail - Proof of Service by Mail

6/4/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Personal Service - Proof of Personal Service

5/11/2020: Proof of Personal Service - Proof of Personal Service

Cross-Complaint - Cross-Complaint

4/10/2020: Cross-Complaint - Cross-Complaint

Answer - Answer

4/10/2020: Answer - Answer

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

3/2/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration of Diligence to Accept Substitute Service

3/3/2020: Declaration (name extension) - Declaration of Diligence to Accept Substitute Service

Motion to Quash Service of Summons - Motion to Quash Service of Summons

2/14/2020: Motion to Quash Service of Summons - Motion to Quash Service of Summons

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

1/22/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

1/14/2020: Complaint - Complaint

Summons - Summons on Complaint

1/14/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/14/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

27 More Documents Available

 

Docket Entries

  • 09/22/2021
  • Hearing09/22/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/17/2021
  • DocketTrial Brief; Filed by: LESLIE BALLAS (Cross-Complainant)

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  • 08/13/2021
  • DocketExhibit List; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff)

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  • 08/13/2021
  • DocketWitness List; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff)

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  • 08/13/2021
  • DocketExhibit List; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff)

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  • 08/13/2021
  • DocketExhibit List; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff)

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  • 07/13/2021
  • DocketNon-Jury Trial scheduled for 09/22/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 07/13/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 07/13/2021
  • DocketPursuant to oral stipulation, Non-Jury Trial scheduled for 07/13/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 09/22/2021 08:30 AM

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  • 07/12/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/17/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 03/02/2020

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38 More Docket Entries
  • 02/14/2020
  • DocketHearing on Motion to Quash Service of Summons scheduled for 03/11/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 01/22/2020
  • DocketProof of Service by Substituted Service; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff); Service Cost: 250.00; Service Cost Waived: No

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  • 01/14/2020
  • DocketNon-Jury Trial scheduled for 07/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/14/2020
  • 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

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  • 01/14/2020
  • DocketSummons on Complaint; Issued and Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff); As to: LESLIE BALLAS (Defendant)

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  • 01/14/2020
  • DocketCivil Case Cover Sheet; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff)

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  • 01/14/2020
  • DocketComplaint; Filed by: KELLEY JACKSON INTERIOR DESIGN, LLC (Plaintiff); As to: LESLIE BALLAS (Defendant)

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  • 01/14/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/14/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/14/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

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.

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