This case was last updated from Los Angeles County Superior Courts on 09/17/2021 at 07:13:02 (UTC).

MING PENG VS KEVIN RUDD

Case Summary

On 11/03/2020 MING PENG filed an Other lawsuit against KEVIN RUDD. 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 - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9275

  • Filing Date:

    11/03/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

PENG MING

Defendant

RUDD KEVIN

Attorney/Law Firm Details

Other Attorneys

HECKMANN BRIAN

 

Court Documents

Writ - Return - Writ - Return

7/26/2021: Writ - Return - Writ - Return

Declaration (name extension) - Declaration Supplemental Declaration of Kevin Ruud

5/26/2021: Declaration (name extension) - Declaration Supplemental Declaration of Kevin Ruud

Declaration (name extension) - Declaration of Ming Peng in Support of the Opposition of Plaintiff Ming Peng to Defendant Kevin Rudd's Motion to Set Aside Default Judgment

6/7/2021: Declaration (name extension) - Declaration of Ming Peng in Support of the Opposition of Plaintiff Ming Peng to Defendant Kevin Rudd's Motion to Set Aside Default Judgment

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/08/2021

6/8/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/08/2021

Opposition (name extension) - Opposition of Plaintiff Ming Peng to Defendant Kevin Rudd's Motion to Set Aside Default Judgment; Declaration of Brian D. Heckmann in Support Thereof; and Memorandum of P

4/14/2021: Opposition (name extension) - Opposition of Plaintiff Ming Peng to Defendant Kevin Rudd's Motion to Set Aside Default Judgment; Declaration of Brian D. Heckmann in Support Thereof; and Memorandum of P

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/14/2021

4/14/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/14/2021

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

11/23/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

11/23/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

11/23/2020: Proof of Personal Service - Proof of Personal Service

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

1/22/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Application for Writ of Possession - Application for Writ of Possession

2/2/2021: Application for Writ of Possession - Application for Writ of Possession

Writ of Execution - Writ of Execution Possession

2/5/2021: Writ of Execution - Writ of Execution Possession

Minute Order - Minute Order (Ex-Parte Proceedings For Order Staying Execution of the Judgm...)

2/10/2021: Minute Order - Minute Order (Ex-Parte Proceedings For Order Staying Execution of the Judgm...)

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

2/23/2021: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Complaint - Complaint

11/3/2020: Complaint - Complaint

Summons - Summons on Complaint

11/3/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 07/26/2021
  • DocketUpdated -- Writ of Execution Possession: Filed By: Ming Peng (Plaintiff); Result: Returned and Filed; Result Date: 07/26/2021

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  • 07/26/2021
  • DocketWrit - Return ( Unsatisfied);; Costs Credits: 0.00; Interest Credits: 0.00; Principal Credits: 0.00; Possession: No; Judgment Satisfaction Type: Unsatisfied

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  • 06/08/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 06/08/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/08/2021; Filed by: Clerk

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  • 06/08/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 06/08/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/08/2021; Result Type to Held - Motion Denied

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  • 06/07/2021
  • DocketDeclaration of Ming Peng in Support of the Opposition of Plaintiff Ming Peng to Defendant Kevin Rudd's Motion to Set Aside Default Judgment; Filed by: Ming Peng (Plaintiff)

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  • 05/26/2021
  • DocketDeclaration Supplemental Declaration of Kevin Ruud; Filed by: Kevin Rudd (Defendant)

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  • 05/04/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 06/08/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 05/04/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 05/04/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 05/04/2021; Filed by: Clerk

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25 More Docket Entries
  • 11/23/2020
  • Docket; Default not entered as to Kevin Rudd; On the Complaint filed by Ming Peng on 11/03/2020

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  • 11/23/2020
  • DocketProof of Personal Service; Filed by: Ming Peng (Plaintiff); As to: Kevin Rudd (Defendant); Service Date: 11/05/2020; Service Cost: 65.00; Service Cost Waived: No

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  • 11/03/2020
  • DocketComplaint; Filed by: Ming Peng (Plaintiff); As to: Kevin Rudd (Defendant)

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  • 11/03/2020
  • DocketCivil Case Cover Sheet; Filed by: Ming Peng (Plaintiff); As to: Kevin Rudd (Defendant)

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  • 11/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Ming Peng (Plaintiff); As to: Kevin Rudd (Defendant)

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  • 11/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/03/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/03/2020
  • DocketNon-Jury Trial scheduled for 05/03/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/07/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/03/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC09275    Hearing Date: May 4, 2021    Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE THE JUDGMENT AND ANY DEFAULT AND TO QUASH WRIT OF POSSESSION/EXECUTION

MOVING PARTY: Defendant Kevin Rudd, in pro per

RESP. PARTY: Plaintiff Ming Peng

MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

(CCP §§ 473(b), 86(b)(3); Equitable Powers)

TENTATIVE RULING:

Defendant Kevin Rudd’s Motion to Set Aside the Judgment and Any Default and to Quash Writ of Possession/Execution is CONTINUED TO June 8, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file supplemental papers in support of his Motion as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: Filed on April 14, 2021 [ ] Late [ ] None

REPLY: None filed as of April 30, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On November 3, 2020, Plaintiff Ming Peng (“Plaintiff”) filed this forcible detainer action against Defendant Kevin Rudd (“Defendant”). A non-jury trial was scheduled for May 3, 2022.

Default was entered against Defendant on January 22, 2021. A default judgment was entered by the clerk on February 1, 2021. (2/1/21 Judgment.) The Judgment stated Plaintiff was entitled to possession of the premises located at 1640 E. Erie St., Long Beach CA, 90802, that the judgment applied to all occupants of the premises, and that the lease was forfeited. (Id.) No monetary damages were awarded. (Id.) A writ of possession was issued on February 5, 2021.

On February 10, the Court granted Defendant’s ex parte application to stay execution of the judgment until this motion to set aside default and default judgment was heard. (2/10/21 Minute Order.)

Defendant filed the instant Motion to Set Aside the Judgment and Any Default, to Quash Writ of Possession and of Execution (the “Motion”) on February 23, 2021. Plaintiff filed an opposition on April 14. No reply brief was filed.

II. Legal Standard & Discussion

Defendant seeks relief from the default entered on January 21 and default judgment entered on February 1 pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2:4-5.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding 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.)

Defendant’s Motion is timely and is accompanied by a copy of his proposed answer. He seeks to set aside the default and default judgment entered against him due to his surprise, mistake, excusable neglect, or inadvertence. (Mot., p. 2:4-5.) Specifically, Defendant states he discovered the default and default judgment on February 5, 2021. (Id., Rudd Decl., p. 9:16-17.) He explains that he has been in contact with Plaintiff’s attorney since September 2020, that he has tried to reach a settlement agreement, that he attempted to pay rent due before the lawsuit was filed. (Id. at p. 8:11-16.) Defendant further explains that he did not believe he needed to file any documents because he was communicating with Plaintiff’s attorney and engaged in negotiations. (Id. at p. 9:6-10.) He also states Plaintiff’s attorney misled, lied, or otherwise caused Defendant not to file an Answer. (Id. at p. 8:11-16.)

First, the Court notes that Defendant did not file a proof of service demonstrating the Motion was properly served on Plaintiff. Plaintiff’s counsel states in opposition he was never served with the Motion. (Oppo., Heckman Decl., ¶ 3.) The Court reminds Defendant he must serve all documents on Plaintiff in accordance with Code of Civil Procedure section 1005 and file a proof of service.

In addition, Defendant did not submit any documentary evidence, such as an email or letter, demonstrating the parties were engaged in settlement negotiations or how Defendant was misled or lied to by Plaintiff’s counsel. In the interest of justice, the matter is CONTINUED to allow Defendant to present such evidence.

III. Conclusion & Order

For the foregoing reasons, Defendant Kevin Rudd’s Motion to Set Aside the Judgment and Any Default and to Quash Writ of Possession/Execution is CONTINUED TO JUNE 8, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file supplemental papers in support of his Motion as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.