This case was last updated from Los Angeles County Superior Courts on 08/27/2019 at 02:14:21 (UTC).

KIRAKOS AYVAZYAN VS STEPAN AYVAZYAN

Case Summary

On 04/26/2019 a Property - Other Real Property case was filed by KIRAKOS AYVAZYAN against STEPAN AYVAZYAN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4064

  • Filing Date:

    04/26/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WENDY CHANG

 

Party Details

Plaintiff

AYVAZYAN KIRAKOS

Defendant

AYVAZYAN STEPAN

 

Court Documents

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

7/15/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/15/2019: Proof of Personal Service - Proof of Personal Service

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

8/1/2019: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Declaration (name extension) - Declaration Declaration of Stepan Ayvazyan

8/1/2019: Declaration (name extension) - Declaration Declaration of Stepan Ayvazyan

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

4/26/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Civil Case Cover Sheet - Civil Case Cover Sheet

4/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/26/2019: Complaint - Complaint

Summons - Summons on Complaint

4/26/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

4/26/2019: First Amended Standing Order - First Amended Standing Order

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

4/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 04/29/2022
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/23/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/05/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)

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  • 08/02/2019
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 09/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketMotion to Set Aside/Vacate Default; Filed by: STEPAN AYVAZYAN (Defendant); As to: STEPAN AYVAZYAN (Defendant)

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  • 08/01/2019
  • DocketDeclaration Declaration of Stepan Ayvazyan; Filed by: STEPAN AYVAZYAN (Defendant)

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  • 07/15/2019
  • DocketProof of Personal Service; Filed by: KIRAKOS AYVAZYAN (Plaintiff); As to: STEPAN AYVAZYAN (Defendant); Service Date: 06/01/2019; Service Cost: 50.00; Service Cost Waived: No

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  • 07/15/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: KIRAKOS AYVAZYAN (Plaintiff); As to: STEPAN AYVAZYAN (Defendant)

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  • 07/15/2019
  • DocketDefault entered as to STEPAN AYVAZYAN; On the Complaint filed by KIRAKOS AYVAZYAN on 04/26/2019

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  • 04/26/2019
  • DocketComplaint; Filed by: KIRAKOS AYVAZYAN (Plaintiff); As to: STEPAN AYVAZYAN (Defendant)

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  • 04/26/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/26/2019
  • DocketRequest to Waive Court Fees; Filed by: KIRAKOS AYVAZYAN (Plaintiff)

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  • 04/26/2019
  • DocketCivil Case Cover Sheet; Filed by: KIRAKOS AYVAZYAN (Plaintiff); As to: STEPAN AYVAZYAN (Defendant)

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  • 04/26/2019
  • DocketSummons on Complaint; Issued and Filed by: KIRAKOS AYVAZYAN (Plaintiff); As to: STEPAN AYVAZYAN (Defendant)

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  • 04/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/26/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk

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  • 04/26/2019
  • DocketNon-Jury Trial scheduled for 10/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/26/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/29/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC04064    Hearing Date: November 07, 2019    Dept: 94

MOTION TO VACATE DEFAULT

(CCP §§ 473(d), 473.5)

TENTATIVE RULING:

Defendant Stepan Ayvazyan’s Motion to Vacate Default is PLACED OFF CALENDAR. Based on the relief sought, this case is reclassified as an unlimited civil case and transferred to Department 1 for reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days.

REQUEST FOR RELIEF: Set aside the default entered against Defendant on the grounds that he had no notice of this action and he was never served with the Summons and Complaint.

ANALYSIS:

On April 26, 2019, Plaintiff Kirakos Ayvazyan (“Plaintiff”) filed the instant action against Defendant Stepan Ayvazyan (“Defendant”) for (1) violation of Cal. Civil Code § 2923.6; (2) fraud; (3) quiet title; and (4) cancellation of deed of trustee sale and any recordings thereof. Following Defendant’s failure to respond, the court entered his default on July 15, 2019. On August 1, 2019, Plaintiff filed the instant Motion to Set Aside Default. To date, no opposition has been filed.

As a limited jurisdiction court, this Court lacks jurisdiction to grant the relief sought in the Complaint. Specifically, the requests for permanent injunctive relief, to quiet title, and for cancellation of the deed are outside the jurisdiction of this Court. (See Code Civ. Proc., §§ 85, 86, subds. (a)(7), (b); Orcilla v. Big Sur, Inc. (2016) 244 Cal.App.4th 982, 1011.) The Court further notes that the Complaint states this is an unlimited jurisdiction case.

Based on the relief sought, this case is reclassified as an unlimited civil case and transferred to Department 1 for reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days.

Court clerk to give notice.