This case was last updated from Los Angeles County Superior Courts on 02/07/2020 at 06:22:53 (UTC).

LEASE CORPORATION OF AMERICA AKA LCA, A CORPORATION VS THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH, A CALIFORNIA NONPROFIT CORPORATION

Case Summary

On 03/25/2019 LEASE CORPORATION OF AMERICA AKA LCA, A CORPORATION filed a Contract - Other Contract lawsuit against THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH, A CALIFORNIA NONPROFIT CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2893

  • Filing Date:

    03/25/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

LEASE CORPORATION OF AMERICA AKA LCA A CORPORATION

Defendant

THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH A CALIFORNIA NONPROFIT CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

MCKENDRICK ROBERT

 

Court Documents

Opposition (name extension) - Opposition to Defendant's Motion to Set Aside Default and Vacate Order

11/27/2019: Opposition (name extension) - Opposition to Defendant's Motion to Set Aside Default and Vacate Order

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

12/2/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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

10/11/2019: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Proof of Service by Mail - Proof of Service by Mail

10/11/2019: Proof of Service by Mail - Proof of Service by Mail

Ex Parte Application (name extension) - Ex Parte Application Set aside default and default judgment

10/7/2019: Ex Parte Application (name extension) - Ex Parte Application Set aside default and default judgment

Minute Order - Minute Order (Hearing on Ex Parte Application Set aside default and default...)

10/7/2019: Minute Order - Minute Order (Hearing on Ex Parte Application Set aside default and default...)

Notice (name extension) - Notice of entry of Judgment

8/7/2019: Notice (name extension) - Notice of entry of Judgment

Writ of Execution - Writ of Execution (Los Angeles)

8/7/2019: Writ of Execution - Writ of Execution (Los Angeles)

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

8/7/2019: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Default Judgment - Default Judgment

7/25/2019: Default Judgment - Default Judgment

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

5/28/2019: 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

5/28/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

5/28/2019: Request for Dismissal - Request for Dismissal

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

5/16/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

4/15/2019: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

3/25/2019: Complaint - Complaint

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

3/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 02/03/2020
  • DocketMinute Order (Order to Show Cause Re: Failure to File Proof of Service /Dis...)

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  • 02/03/2020
  • DocketCertificate of Mailing for (Order to Show Cause Re: Failure to File Proof of Service /Dis...) of 02/03/2020; Filed by: Clerk

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  • 02/03/2020
  • DocketOn the Complaint filed by LEASE CORPORATION OF AMERICA aka LCA, a corporation on 03/25/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 02/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service /Dismissal scheduled for 02/03/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/03/2020; Result Type to Held

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  • 12/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service /Dismissal scheduled for 02/03/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/02/2019
  • DocketOn the Complaint filed by LEASE CORPORATION OF AMERICA aka LCA, a corporation on 03/25/2019, Default entered on 05/28/2019, Vacated - .

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  • 12/02/2019
  • DocketUpdated -- On the Complaint filed by LEASE CORPORATION OF AMERICA aka LCA, a corporation on 03/25/2019, judgment entered on 07/25/2019 is vacated

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  • 12/02/2019
  • DocketOn the Complaint filed by LEASE CORPORATION OF AMERICA aka LCA, a corporation on 03/25/2019, judgment entered on 07/25/2019 as to THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH, a California nonprofit corporation is

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  • 12/02/2019
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 12/02/2019
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 12/02/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/02/2019; Result Type to Held - Motion Granted

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21 More Docket Entries
  • 05/16/2019
  • DocketDefault entered as to THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH, a California nonprofit corporation; On the Complaint filed by LEASE CORPORATION OF AMERICA aka LCA, a corporation on 03/25/2019

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  • 04/15/2019
  • DocketProof of Personal Service; Filed by: LEASE CORPORATION OF AMERICA aka LCA, a corporation (Plaintiff); As to: THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH, a California nonprofit corporation (Defendant); Service Date: 04/01/2019; Service Cost: 67.95; Service Cost Waived: No

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  • 03/25/2019
  • DocketNon-Jury Trial scheduled for 09/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/25/2019
  • DocketComplaint; Filed by: LEASE CORPORATION OF AMERICA aka LCA, a corporation (Plaintiff); As to: THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH, a California nonprofit corporation (Defendant)

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  • 03/25/2019
  • DocketSummons on Complaint; Issued and Filed by: LEASE CORPORATION OF AMERICA aka LCA, a corporation (Plaintiff); As to: THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH, a California nonprofit corporation (Defendant)

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  • 03/25/2019
  • DocketCivil Case Cover Sheet; Filed by: LEASE CORPORATION OF AMERICA aka LCA, a corporation (Plaintiff); As to: THE HOLY TEMPLE MISSIONARY BAPTIST CHURCH, a California nonprofit corporation (Defendant)

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  • 03/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/25/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC02893    Hearing Date: December 02, 2019    Dept: 94

Lease Corporation of America v. The Holy Temple Missionary, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant The Holy Temple Missionary’s Motion to Set Aside Entry of Default and Default Judgment and to Quash Service of Summons and Complaint is GRANTED.

ANALYSIS:

Plaintiff Lease Corporation of America (“Plaintiff”) filed the instant action for breach of lease agreement and related claims against Defendant Holy Temple Missionary (“Defendant”) on March 25, 2019. Following Defendant’s failure to file a responsive pleading, the court entered its default on May 16, 2019 and default judgment on July 25, 2019. Defendant filed the instant Motion to Vacate Default and Default Judgment and/or Quash Service of Summons and Complaint on October 11, 2019. To date, no opposition has been filed.

Vacate Default and Default Judgment

The Motion is brought pursuant to Code of Civil Procedure section 473, subdivision (d) and section 473.5. Under Code of Civil Procedure section 473, subdivision (d), “[t]he court may . . . set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) If the judgment is not void on its face, the time limitations of Code of Civil Procedure section 473.5 apply. (See Schekel v. Resnik (1994) 27 Cal.App.4th Supp. 1, 3-4 (“[t[he Rogers court held that the time limitation set forth in Code of Civil Procedure section 473.5 applies by analogy to motions for relief from a default judgment valid on its face but otherwise void because of improper service” (citing Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1124).)

Code of Civil Procedure section 473.5, subdivision (a) provides: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action.

Notice of the entry of judgment was served on Defendant by mail on August 6, 2019. The instant motion was filed two months later, which is timely under both statutes.

Defendant must also demonstrate that it lacked actual notice of the action, or that the judgment is void for lack of proper service. On April 15, 2019, Plaintiff filed a proof of service of the Summons and Complaint indicating that Defendant was personall served on April 1, 2019 at 10:38 am at by delivery of the papers to Clifford Coatney, Plaintiff’s registered agent. (Proof of Service, filed 4/1/19, ¶¶2-5.) The papers were purportedly served at 334 E. Sherman Drive, Carson, California. (Ibid.) As the proof of service is attested to by a registered process service, it is entitled to a presumption of accuracy. (Cal. Evid. Code, § 647.) Defendant, therefore, must present evidence that overcomes this presumption.

In its Motion, Defendant presents evidence that at the time of the purported service, Coatney was at Holy Temply Missionary Baptist Church, at 10121 S. Vermont Avenue, Los Angeles, California. (Motion, Coatney Decl., ¶¶3-4; Johnson Decl., Woods Decl., Flores Decl.) Coatney was leading a prayer breakfast the morning service was purpotedly accomplised, as he and attendees of the prayer breakfast attest. (Ibid.) Defendant’s evidence is sufficient to overcome the presumption of service as stated in the proof of service. The burden now shifts to Plaintiff to demosntrate that service occurred as stated. As Plaintiff has not filed an opposition, the Court finds that Defendant was not served as stated in the proof of service. The entry of default and default judgment are void for lack of proper service. Based on the foregoing, Defendant’s Motion to Vacate Default and Default Judgment is GRANTED.

Quash Service of Summons and Complaint

In light of the court’s determination on Defendant’s Motion to Vacate Default and Default Judgment, it finds the request to Quash Service of the Summons and Complaint also has merit. “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).)

The Court for good cause finds for the timing of the Motion to Quash given the lack of proper service, as discussed above. The Motion to Quash Service of the Summons and Complaint is GRANTED.

Order to Show Cause Re: Failure to File Proof of Service /Dismissal is scheduled for February 3, 2020 at 10:30 AM in Department 94 at Stanley Mosk Courthouse.

Court clerk to give notice.