This case was last updated from Los Angeles County Superior Courts on 11/26/2021 at 05:47:40 (UTC).

NETZAH & SHEM-TOV, INC. VS HOUSHANG PAVEHZADEH, ET AL.

Case Summary

On 07/05/2019 NETZAH SHEM-TOV, INC filed a Contract - Other Contract lawsuit against HOUSHANG PAVEHZADEH. 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:

    *******6293

  • Filing Date:

    07/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

NETZAH & SHEM-TOV INC.

Defendants

PAVEHZADEH HOUSHANG

MONA SOLEIMANI

SOLEIMANI MONA

Attorney/Law Firm Details

Plaintiff Attorneys

SHEM-TOV SHALEM ESQ.

SHEM-TOV SHALEM

 

Court Documents

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

1/31/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/2/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Ruling - Notice of Ruling

10/6/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Self-Represented Defendant, Mona Soleimani's Motio...)

10/4/2021: Minute Order - Minute Order (Hearing on Self-Represented Defendant, Mona Soleimani's Motio...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Self-Represented Defendant, Mona Soleimani's Motio...) of 10/04/2021

10/4/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Self-Represented Defendant, Mona Soleimani's Motio...) of 10/04/2021

Notice (name extension) - Notice Continuance of Hearing

9/24/2021: Notice (name extension) - Notice Continuance of Hearing

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

9/20/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

9/20/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (Court Order: Trial Setting Conference) of 09/09/2021

9/9/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order: Trial Setting Conference) of 09/09/2021

Minute Order - Minute Order (Court Order: Trial Setting Conference)

9/9/2021: Minute Order - Minute Order (Court Order: Trial Setting Conference)

Notice (name extension) - Notice of Continued Hearing and Vacating of Trial Date

9/10/2021: Notice (name extension) - Notice of Continued Hearing and Vacating of Trial Date

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

9/3/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

12/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

4/30/2020: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Declaration (name extension) - Declaration of Mona Solemani

5/1/2020: Declaration (name extension) - Declaration of Mona Solemani

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

5/1/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

12/26/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

1/2/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

16 More Documents Available

 

Docket Entries

  • 08/16/2022
  • Hearing08/16/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/06/2021
  • DocketNotice of Ruling; Filed by: Netzah & Shem-Tov, Inc. (Plaintiff)

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  • 10/04/2021
  • DocketUpdated -- Motion to Set Aside Default Entered Against Defendant Mona Soleimani on 01/31/2020 (CCP 473 and 473.5): Filed By: Mona Soleimani (Defendant); Result: Granted; Result Date: 10/04/2021

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  • 10/04/2021
  • DocketNon-Jury Trial scheduled for 08/16/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/04/2021
  • DocketOn the Complaint filed by Netzah & Shem-Tov, Inc. on 07/05/2019, Default entered on 01/31/2020, Vacated - .

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  • 10/04/2021
  • DocketMinute Order (Hearing on Self-Represented Defendant, Mona Soleimani's Motio...)

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  • 10/04/2021
  • DocketCertificate of Mailing for (Hearing on Self-Represented Defendant, Mona Soleimani's Motio...) of 10/04/2021; Filed by: Clerk

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  • 10/04/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Default Entered Against Defendant Mona Soleimani on 01/31/2020 (CCP 473 and 473.5) scheduled for 10/04/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/04/2021; Result Type to Held - Motion Granted

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  • 10/04/2021
  • DocketTrial Setting Conference scheduled for 10/04/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/04/2021; Result Type to Held

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  • 10/01/2021
  • DocketUpdated -- Request for Entry of Default / Judgment (Default): Name Extension: (Default); As To Parties changed from Mona Soleimani (Defendant) to Mona Soleimani (Defendant)

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39 More Docket Entries
  • 09/10/2019
  • DocketApplication for Publication; Filed by: Netzah & Shem-Tov, Inc. (Plaintiff); As to: Soleimani Mona (Defendant)

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  • 08/15/2019
  • DocketAnswer; Filed by: Houshang Pavehzadeh (Defendant)

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  • 07/08/2019
  • DocketNon-Jury Trial scheduled for 01/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/08/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/08/2019
  • DocketSummons on Complaint; Issued and Filed by: Netzah & Shem-Tov, Inc. (Plaintiff)

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  • 07/08/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/05/2019
  • DocketComplaint; Filed by: Netzah & Shem-Tov, Inc. (Plaintiff); As to: Houshang Pavehzadeh (Defendant); Soleimani Mona (Defendant)

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  • 07/05/2019
  • DocketCivil Case Cover Sheet; Filed by: Netzah & Shem-Tov, Inc. (Plaintiff); As to: Houshang Pavehzadeh (Defendant); Soleimani Mona (Defendant)

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  • 07/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b"

Case Number: 19STLC06293 Hearing Date: October 4, 2021 Dept: 26

Netzah & Shem-Tov, Inc. v. Pavehzadeh, et al. 19STLC06293

MOTION TO VACATE DEFAULT

(CCP § 473.5)

TENTATIVE RULING:

Defendant Mona Soleimani’s Motion to Vacate Default is GRANTED. THE DEFAULT ENTERED ON JANUARY 31, 2020 IS HEREBY VACATED. DEFENDANT MONA SOLEIMANI IS TO FILE AND SERVE THE PROPOSED ANSWER TO THE COMPLAINT WITHIN 20 DAYS OF THIS ORDER.TRIAL IS SET FOR AUGUST 16, 2022 AT 8:30 A.M. IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Netzah & Shem-Tov, Inc. (“Plaintiff”) filed the instant action for breach of retainer agreement and quantum meruit against Defendants Houshang Pavehzadeh (“Defendant Pavehzadeh”) and Mona Soleimani (“Defendant Soleimani”) on July 5, 2019. Defendant Pavehzadeh filed an Answer on August 15, 2019, but Plaintiff ultimately sought to serve Defendant Soleimani by publication. Proof of service of the Summons and Complaint on Defendant Soleimani by publication was filed on Defendant 26, 2019.

Following Defendant Soleimani’s failure to file a responsive pleading, the Court entered default on January 31, 2020. Defendant Soleimani filed the instant Motion to Vacate Default on May 1, 2020. No opposition has been filed to date.

Discussion

Defendant moves for relief from the default and default judgment pursuant to Code of Civil Procedure, sections 473 and 473.5. The Court will consider each basis.

Code Civil Procedure section 473.5

Code of Civil Procedure, section 473.5 states in relevant part:

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. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.

(Code Civ. Proc., § 473.5, subd. (a).) Additionally, the motion “shall be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.” (Code Civ. Proc., § 473.5, subd. (b).) The Motion is accompanied by a copy of Defendant Soleimani’s proposed answer. (Motion, Exh. 1.)

Defendant’s supporting declaration also presents sufficient facts to demonstrate that she lacked notice of this action and that any purported lack of notice was not caused by avoidance of service or inexcusable neglect. Defendant was not aware that she was served by publication and only learned of the default from her co-Defendant in April 2020. (Motion, Soleimani Decl., ¶¶5, 7.) Defendant Soleimani also declares that she did not avoid service. Although Plaintiff lived in a locked and secured complex, the process server could have called her apartment to ask for the gate to be opened. (Id. at ¶8.) The declaration of diligence of the process server on which the Application for Publication relies simply states that the process server could not enter the complex. (App. for Publication, filed 10/18/19, Exh. B.) Defendant Soleimani also disavows the statement in the Application for Publication that she spoke to Plaintiff’s counsel on the phone about this action after the attempted service. (Id. at ¶9.)

The Court finds this unopposed evidence shows that Defendant Soleimani is entitled to relief from the entry of default pursuant to Code of Civil Procedure section 473.5.

Code of Civil Procedure section 473, subdivision (b)

Under this statute, an application for relief must be made no more than six months after entry of the order 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 Soleimani’s Motion is timely. It was filed less than six months after entry of default and within a month of Defendant Soleimani’s discovery of the lawsuit. As discussed above, the Motion is also sufficiently supported by a declaration demonstrating Defendant Soleimani filed to answer due to surprise.

Relief from the entry of default under Code of Civil Procedure section 473, subdivision (b) is also appropriate.

Conclusion

Defendant Mona Soleimani’s Motion to Vacate Default is GRANTED. THE DEFAULT ENTERED ON JANUARY 31, 2020 IS HEREBY VACATED. DEFENDANT MONA SOLEIMANI IS TO FILE AND SERVE THE PROPOSED ANSWER TO THE COMPLAINT WITHIN 20 DAYS OF THIS ORDER.

TRIAL IS SET FOR AUGUST 16, 2022 AT 8:30 A.M. IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE.

Court clerk to give notice.

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