This case was last updated from Los Angeles County Superior Courts on 10/21/2021 at 02:04:45 (UTC).

MONROE JACQUES DE ROTHSCHILD VS RICHARD DISISTO, ET AL.

Case Summary

On 10/24/2018 MONROE JACQUES DE ROTHSCHILD filed a Contract - Other Contract lawsuit against RICHARD DISISTO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3144

  • Filing Date:

    10/24/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

DE ROTHSCHILD MONROE JACQUES

Defendants

DISISTO RICHARD

SAYAH DANIEL

ENGLISH GARY CONSTRUCTION

CAMPBELL THOMAS

TRIEBOLD MARK JOHN

BOVENIZER ERNEST

CROWLEY JEREMIAH MICHAEL

ENGLISH; GARY

MAHN JOHN EDWARD

CA WEST COAST PLUMBING

REGEV DORON

SAYAH ENGINEERING INC.

SMART RISE ELEVATOR SERVICE INC.

SMALL BRIAN

HEATING AND AIR INC.

ABE SHARABI AVINOAM

COTTON DAVID LYNCH

PEE BEE INVESTMENTS

HILLSIDE CONSTRUCTION RIDGE INC.

Attorney/Law Firm Details

Plaintiff Attorney

OPDAHL NEIL E

503 Wildrose Ave

Monrovia, CA 91016

Defendant Attorneys

SLADE LAWRENCE P

BREMER KEITH G

 

Court Documents

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

10/24/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

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

10/24/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Summons - Summons on Complaint

10/24/2018: Summons - Summons on Complaint

Complaint - Complaint

10/24/2018: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/24/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Amended Complaint - Amended Complaint PLAINTIFFS FIRST AMMENDED COMPLAINT

1/29/2019: Amended Complaint - Amended Complaint PLAINTIFFS FIRST AMMENDED COMPLAINT

Answer - Answer

5/14/2019: Answer - Answer

Summons - Summons on 1st Amended Complaint

4/15/2019: Summons - Summons on 1st Amended Complaint

Request for Dismissal - Request for Dismissal

6/20/2019: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

12/9/2019: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal Not Entered

12/9/2019: Request for Dismissal - Request for Dismissal Not Entered

Request for Dismissal - Request for Dismissal Not Entered

12/9/2019: Request for Dismissal - Request for Dismissal Not Entered

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

2/7/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

2/7/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

2/7/2020: Proof of Personal Service - Proof of Personal Service

Request for Dismissal - Request for Dismissal

2/10/2020: Request for Dismissal - Request for Dismissal

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

2/7/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

2/7/2020: Proof of Personal Service - Proof of Personal Service

38 More Documents Available

 

Docket Entries

  • 10/21/2021
  • Hearing10/21/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 10/18/2021
  • DocketOn the Amended Complaint (1st) filed by Monroe Jacques de Rothschild on 01/29/2019, entered Request for Dismissal without prejudice filed by Monroe Jacques de Rothschild as to Thomas Campbell, Daniel Sayah, Sayah Engineering Inc., David Lynch Cotton, Smart Rise Elevator Service Inc., Jeremiah Michael Crowley, John Edward Mahn, Ernest Bovenizer, and Mark John Triebold, does 1-50

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  • 10/14/2021
  • DocketUpdated -- Notice of Rejection of Electronic Filing: As To Parties: removed; Status changed from Rejected to Filed

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  • 10/08/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/27/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 05/04/2021

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  • 08/24/2021
  • DocketOrder to Show Cause Re: Dismissal for Failure to Enter Default Judgment as to Richard Disisto and Gary English / Failure to Enter Default as to English Gary Construction scheduled for 10/21/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 08/24/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Dismissal for Failure to Enter Defaul...) of 08/24/2021; Filed by: Clerk

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  • 08/24/2021
  • DocketMinute Order (Order to Show Cause Re: Dismissal for Failure to Enter Defaul...)

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  • 08/24/2021
  • DocketPursuant to the request of plaintiff, Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment as to Richard Disisto and Gary English / Failure to Enter Default as to English Gary Construction scheduled for 08/24/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 10/21/2021 09:30 AM

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  • 05/26/2021
  • DocketOrder to Show Cause Re: Dismissal for Failure to Enter Default Judgment as to Richard Disisto and Gary English / Failure to Enter Default as to English Gary Construction scheduled for 08/24/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 05/26/2021
  • DocketMinute Order (Non-Jury Trial)

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67 More Docket Entries
  • 10/24/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/24/2018
  • DocketUpdated -- Amended Complaint (1st): Status Date changed from 01/29/2019 to 10/24/2018

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  • 10/24/2018
  • DocketNon-Jury Trial scheduled for 04/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/24/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 10/24/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/24/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/24/2018
  • DocketCivil Case Cover Sheet; Filed by: Monroe Jacques de Rothschild (Plaintiff)

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  • 10/24/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Monroe Jacques de Rothschild (Plaintiff)

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  • 10/24/2018
  • DocketRequest to Waive Court Fees; Filed by: Monroe Jacques de Rothschild (Plaintiff)

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  • 10/24/2018
  • DocketComplaint; Filed by: Monroe Jacques de Rothschild (Plaintiff); As to: Richard Disisto (Defendant); Thomas Campbell (Defendant); Daniel Sayah (Defendant) et al.

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Tentative Rulings

Case Number: 18STLC13144    Hearing Date: January 13, 2021    Dept: 26

Rothschild v. Disisto, et al.

MOTION TO VACATE ENTRY OF DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Richard Disisto’s Motion to Vacate Entry of Default is DENIED.

ANALYSIS:

Plaintiff Monroe Jacques De Rothschild (“Plaintiff”) filed the instant action for fraud, recission and related claims arising out of a construction agreement against Defendant Richard Disisto (“Defendant Disisto”) and others on October 24, 2018. The Complaint was not served. Plaintiff filed a First Amended Complaint on January 29, 2019. On February 7, 2020, Plaintiff filed Proof of Service by Substitute Service with respect to Defendant Disisto. Following Defendant Disisto’s failure to file a responsive pleading, the Court entered his default on March 23, 2020.

Defendant Disisto filed the instant Motion to Vacate Entry of Default on September 15, 2020. To date, no opposition has been filed to the Motion.

Discussion

Defendant Disisto seeks relief from the default entered on March 23, 2020 pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief 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 instant Motion is brought pursuant to the discretionary relief prong of section 473, subdivision (b) for Defendant Disisto’s own mistake, inadvertence, surprise or neglect. A motion for relief based on party mistake, inadvertence, surprise or neglect must not only must be brought within six months after entry of the order from which relief is sought, but also within a reasonable time. (Code Civ. Proc., § 473, subd. (b).)

Defendant Disisto has not shown that the Motion is timely. The Motion was filed on September 15, 2020, almost six months after the March 23, 2020 entry of default. Defendant Disisto admits to learning of this action in April 2020, but does not explain why the Motion was not filed until five months later. (Motion, Disisto Decl., ¶¶2-7.)

The Court also finds the declaration does not adequately explain why Defendant Disisto was unaware of this action. According to the proof of service filed on February 7, 2020, the First Amended Complaint was served on Defendant Disisto by leaving the papers at a private mailbox office with the person apparently in charge and then mailing the papers there. (Proof of Service, filed 2/7/20, ¶¶4-5.) The request for entry of default was mailed to the same address and presumably received by Defendant Disisto. (Request for Entry of Default, filed 3/23/20, ¶6b.) The Motion does not argue that the service address was improper or raise any other challenge to the propriety of service. The papers were left at the mailbox on January 21, 2020 and mailed there on the same date. (Proof of Service, filed 2/7/20, ¶5.) If the party’s failure to respond to the action is the result of inexcusable neglect, relief is not available under Code of Civil Procedure section 473, subdivision (b). (Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 (citing Rodrigues v. Superior Court (2005) 127 Cal.App.4th 1027, 1033).) Defendant’s declaration does not demonstrate that his lack of notice was not the result of his inexcusable neglect.

Based on the foregoing, the Court finds Defendant Disisto has not demonstrated that the factors for relief under Code of Civil Procedure section 473, subdivision (b) are satisfied.

Conclusion

Defendant Richard Disisto’s Motion to Vacate Entry of Default is DENIED.

Plaintiff to give notice.

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