On 11/19/2019 NANNETTE HANSBERRY filed a Civil Right - Other Civil Right lawsuit against ANTHONY CALLOWAY. 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 Other - Consolidated.
*******0668
11/19/2019
Other - Consolidated
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
HANSBERRY NANNETTE
CALLOWAY ANTHONY
MEHRBAN MORSE
WILLOUGHBY ANTHONY W.
3/6/2020: Answer - Answer
6/26/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
6/29/2020: Notice (name extension) - Notice of Ruling
6/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
4/14/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
1/13/2020: Request for Dismissal - Request for Dismissal
1/13/2020: Proof of Personal Service - Proof of Personal Service
1/13/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
1/13/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
2/13/2020: Default Judgment - Default Judgment
2/28/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims
3/6/2020: Notice of Related Case - Notice of Related Case
3/6/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment
11/19/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
11/19/2019: Summons - Summons on Complaint
11/19/2019: First Amended Standing Order - First Amended Standing Order
11/20/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
DocketNotice of Ruling; Filed by: Nannette Hansberry (Plaintiff); As to: Anthony Calloway (Defendant)
DocketUpdated -- Answer: Filed By: Anthony Calloway (Defendant); Result: Stricken; Result Date: 06/26/2020; As To Parties: removed
DocketCase numbers 19STLC10668, 19STLC05921 are related; case number 19STLC05921 is the lead case.
DocketOn the Complaint filed by Nannette Hansberry on 11/19/2019, Default entered on 01/13/2020, Vacated - .
DocketUpdated -- On the Complaint filed by Nannette Hansberry on 11/19/2019, judgment entered on 02/13/2020 is vacated
DocketOn the Complaint filed by Nannette Hansberry on 11/19/2019, judgment entered on 02/13/2020 as to Anthony Calloway is
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 06/26/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/26/2020; Result Type to Held
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketReset - Court Unavailable, Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 06/22/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 06/26/2020 09:00 AM
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/22/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 05/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Nannette Hansberry (Plaintiff)
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Nannette Hansberry (Plaintiff); As to: Anthony Calloway (Defendant)
DocketRequest to Waive Court Fees; Filed by: Nannette Hansberry (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Nannette Hansberry (Plaintiff); As to: Anthony Calloway (Defendant)
DocketComplaint; Filed by: Nannette Hansberry (Plaintiff); As to: Anthony Calloway (Defendant)
Case Number: 19STLC10668 Hearing Date: June 26, 2020 Dept: 26
Hansberry v. Calloway, et al.
MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT; QUASH SERVICE
(CCP §§ 473, 473.5; equity)
CONSOLIDATE
(CCP § 1048)
TENATIVE RULING:
Defendant Anthony Calloway’s Motion to Vacate Default and Default Judgment is PLACED OFF CALENDAR.
Stipulation to Consolidate Action with Hansberry v. Regency West – Leimert Park Village, Inc., LASC Case No. 19STLC05921 is GRANTED AS FOLLOWS:
This action is consolidated with LASC Case No. 19STLC05921, with LASC Case No. 19STLC05921 designated the lead case;
All hearing dates in this action are vacated.
10/16/20 hearing on Motion to Vacate Default and Default Judgment in LASC Case No. 19STLC05921 is vacated.
All defaults and default judgments entered in both actions are vacated;
Defendants’ Answers, improperly filed on March 6, 2020, are struck on the Court’s own motion.
Plaintiff to file a First Amended Consolidated Complaint within 10 days’ notice of this order.
Defendants to file a Consolidated Answer within 20 days’ service of the First Amended Consolidated Complaint.
SERVICE:
[X] Proof of Service Timely Filed (CRC 3.1300) OK
[X] Correct Address (CCP 1013, 1013a) OK
[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK
SUMMARY OF COMPLAINT: Action for discrimination on the basis of disability.
REQUEST FOR RELIEF: Set aside default and default judgment on the grounds that Defendant was never properly served with the Summons and Complaint.
OPPOSITION: None filed as of June 22, 2020.
REPLY: None filed as of June 22, 2020.
ANALYSIS:
On November 19, 2019, Plaintiff Nanette Hansberry (“Plaintiff”) filed this action for discrimination on the basis of disability against Defendant Anthony Calloway (“Defendant”). Proof of personal service was filed on January 13, 2020 and default was entered against Defendant on the same date. On February 13, 2020, the Court entered default judgment against Defendant.
On March 6, 2020, Defendant filed the instant Motion to Vacate Default and Default Judgment and his Answer to the Complaint. Defendant also filed an Answer to the Complaint and a Notice of Related Case with respect to LASC Case No. 19STLC05921.
On March 16, 2020, the parties filed a Stipulation to Vacate Defaults and Consolidate Actions in LASC Case No. 19STLC05921.
Discussion
In light of the parties’ Stipulation, the Court rules as follows. Defendant Anthony Calloway’s Motion to Vacate Default and Default Judgment is PLACED OFF CALENDAR.
The Stipulation to Consolidate Action with Hansberry v. Regency West – Leimert Park Village, Inc., LASC Case No. 19STLC05921 is GRANTED AS FOLLOWS:
This action is consolidated with LASC Case No. 19STLC05921, with LASC Case No. 19STLC05921 designated the lead case;
All hearing dates in this action are vacated.
10/16/20 hearing on Motion to Vacate Default and Default Judgment in LASC Case No. 19STLC05921 is vacated.
All defaults and default judgments entered in both actions are vacated;
Defendants’ Answers, improperly filed on March 6, 2020, are struck on the Court’s own motion.
Plaintiff to file a First Amended Consolidated Complaint within 10 days’ notice of this order.
Defendants to file a Consolidated Answer within 20 days’ service of the First Amended Consolidated Complaint.
Plaintiff to give notice.