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This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 09:20:34 (UTC).

PARTNERS FEDERAL CREDIT UNION VS TRAVIS LOWE

Case Summary

On 08/09/2017 PARTNERS FEDERAL CREDIT UNION filed a Contract - Debt Collection lawsuit against TRAVIS LOWE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1722

  • Filing Date:

    08/09/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

YOLANDA OROZCO

 

Party Details

Plaintiff

PARTNERS FEDERAL CREDIT UNION

Defendant

LOWE TRAVIS AKA TRAVIS ROBERT LOWE

Attorney/Law Firm Details

Plaintiff Attorney

VORONIN YURI

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

8/2/2019: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Order to Show Cause Re: Service)

8/6/2019: Minute Order - Minute Order (Order to Show Cause Re: Service)

Notice (name extension) - Notice of Order to Show Case Hearing

8/8/2019: Notice (name extension) - Notice of Order to Show Case Hearing

Declaration (name extension) - Declaration of Non Service

10/29/2018: Declaration (name extension) - Declaration of Non Service

Minute Order - Minute Order (Non-Jury Trial)

2/6/2019: Minute Order - Minute Order (Non-Jury Trial)

Notice (name extension) - Notice of Ruling on Trial

3/4/2019: Notice (name extension) - Notice of Ruling on Trial

Other - (name extension)

10/11/2017: Other - (name extension)

Declaration (name extension) - of non Service

8/31/2017: Declaration (name extension) - of non Service

Declaration (name extension) - of non Service

8/31/2017: Declaration (name extension) - of non Service

Summons - on Complaint

8/9/2017: Summons - on Complaint

Civil Case Cover Sheet

8/9/2017: Civil Case Cover Sheet

Complaint

8/9/2017: Complaint

Notice of Case Assignment - Limited Civil Case

8/9/2017: Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 08/12/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/29/2019
  • Hearingat 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 08/08/2019
  • DocketNotice of Order to Show Case Hearing; Filed by: Partners Federal Credit Union (Plaintiff); As to: Travis Lowe (Defendant)

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  • 08/06/2019
  • DocketOrder to Show Cause Re: Entry of Default/Default Judgment scheduled for 10/29/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/06/2019
  • DocketMinute Order (Order to Show Cause Re: Service)

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  • 08/06/2019
  • DocketOrder to Show Cause Re: Service scheduled for 08/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/06/2019; Result Type to Held

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  • 08/02/2019
  • DocketProof of Service by Mail; Filed by: Partners Federal Credit Union (Plaintiff); As to: Travis Lowe (Defendant)

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  • 03/04/2019
  • DocketNotice of Ruling on Trial; Filed by: Partners Federal Credit Union (Plaintiff); As to: Travis Lowe (Defendant)

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  • 02/06/2019
  • DocketOrder to Show Cause Re: Service scheduled for 08/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/06/2019
  • DocketMinute Order (Non-Jury Trial)

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4 More Docket Entries
  • 10/11/2017
  • DocketDeclaration of non service; Filed by: Partners Federal Credit Union (Plaintiff)

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  • 08/31/2017
  • DocketDeclaration of non Service; Filed by: Partners Federal Credit Union (Plaintiff)

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  • 08/31/2017
  • DocketDeclaration of non Service; Filed by: Partners Federal Credit Union (Plaintiff)

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  • 08/09/2017
  • DocketComplaint; Filed by: Partners Federal Credit Union (Plaintiff); As to: Travis Lowe (Defendant)

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  • 08/09/2017
  • DocketCivil Case Cover Sheet; Filed by: Partners Federal Credit Union (Plaintiff)

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  • 08/09/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/09/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/09/2017
  • DocketCase assigned to Hon. Yolanda Orozco in Department 77 Stanley Mosk Courthouse

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  • 08/09/2017
  • DocketNon-Jury Trial scheduled for 02/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/09/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 08/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC01722    Hearing Date: February 09, 2021    Dept: 25

HEARING DATE: Tue., February 9, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Partners Federal Credit Union v. Lowe COMP. FILED: 08-09-17

CASE NUMBER: 17STLC01722 DISMISSAL: 02-20-20

NOTICE: OK

PROCEEDINGS: MOTION TO SET ASIDE DISMISSAL

MOVING PARTY: Plaintiff Partners Federal Credit Union

RESP. PARTY: None

MOTION TO SET ASIDE/VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Partners Federal Credit Union’s Motion to Set Aside Dismissal is GRANTED. The dismissal entered on February 20, 2020 is HEREBY VACATED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of February 5, 2021 [ ] Late [X] None

REPLY: None filed as of February 5, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 9, 2017, Plaintiff Partners Federal Credit Union (“Plaintiff”) filed an action for money on a contract, money lent, and account stated against Defendant Travis Lowe aka Travis Robert Lowe (“Defendant”). On November 9, 2019, Plaintiff obtained an Order for Publication to serve Defendant with the Summons and Complaint. (11/6/19 Order.) Proof of Publication was filed on December 17, 2019.

A hearing for Order to Show Cause re Entry of Default/Default Judgment (the “OSC Hearing”) was scheduled for February 20, 2020. After the matter was placed on second call, and there being no appearances by either side by 11:28 a.m., the Court dismissed the action without prejudice. (2/20/20 Minute Order.)

On February 25, 2020, Plaintiff filed a motion to set aside the dismissal, which came up for hearing on June 22, 2020. Because there were no appearances and no submissions on the Court’s tentative ruling, the Court placed the motion to set aside dismissal off calendar. (6/22/20 Minute Order.)

On August 6, 2020, Plaintiff filed a second Motion to Set Aside Dismissal (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 5:3-22.) 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.)

Plaintiff’s Motion is timely. Plaintiff seeks to set aside the February 20, 2020 order dismissing the action based on Plaintiff’s counsel’s mistake, inadvertence, surprise, or excusable neglect. (Mot., pp. 1:23-2:13.) Specifically, Plaintiff’s counsel states that an attorney from Court Appearance Professionals (“CAP”) specially appeared for a hearing on his behalf on October 29, 2019. (Mot., Voronin Decl., ¶¶ 5, 6.) At this hearing, the Court scheduled the OSC Hearing for February 20, 2020. (Id.) However, the CAP attorney incorrectly informed Plaintiff’s counsel that the OSC Hearing was scheduled for April 2, 2020. (Id., Exh. 1.) As a result, the OSC Hearing was incorrectly calendared. (Id.) He further explains that because of the COVID-19 pandemic, he reduced his work schedule, had personal childcare obligations due to LAUSD’s distance learning requirements, and often worked remotely. (Id. at ¶ 15.) As a result, he also incorrectly calendared the June 22, 2020 hearing on the first motion to set aside the dismissal. (Id. at ¶ 16.) After discovering the oversight, the instant Motion was filed. (Id. at ¶ 17.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, Plaintiff’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Partners Federal Credit Union’s Motion to Set Aside Dismissal is GRANTED. The dismissal entered on February 20, 2020 is HEREBY VACATED.

Moving party is ordered to give notice.

Case Number: 17STLC01722    Hearing Date: June 22, 2020    Dept: 25

MOTION TO SET ASIDE/VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Partners Federal Credit Union’s Motion to Set Aside Dismissal is GRANTED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of June 17, 2020 [ ] Late [X] None

REPLY: None filed as of June 17, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 9, 2017, Plaintiff Partners Federal Credit Union (“Plaintiff”) filed an action for money on a contract, money lent, and account stated against Defendant Travis Lowe aka Travis Robert Lowe (“Defendant”). On November 9, 2019, Plaintiff obtained an Order for Publication to serve Defendant with the Summons and Complaint. (11/6/19 Order.) Proof of Publication was filed on December 17, 2019.

A hearing for Order to Show Cause re: Entry of Default/Default Judgment (the “OSC Hearing”) was scheduled for February 20, 2020. After the matter was placed on second call, and there being no appearances by either side by 11:28 a.m., the Court dismissed the action without prejudice. (2/20/20 Minute Order.)

On February 25, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 5.) 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.)

Plaintiff’s Motion is timely. Plaintiff seeks to set aside the February 20, 2020 order dismissing the action based on Plaintiff’s counsel’s mistake, inadvertence, surprise, or excusable neglect. (Mot., p. 1.) Specifically, Plaintiff’s counsel states that an attorney from Court Appearance Professionals (“CAP”) specially appeared for hearing on his behalf on October 29, 2019. (Mot., Voronin Decl., ¶ 5.) At this hearing, the Court scheduled the OSC Hearing for February 20, 2020. (Id.) However, the CAP attorney incorrectly informed Plaintiff’s counsel that the OSC Hearing was scheduled for April 2, 2020. (Id., Exh. 1.) As a result, the OSC Hearing was mistakenly calendared for April 2, 2020, and Plaintiff’s counsel did not appear. (Id. at ¶ 6.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, Plaintiff’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Partners Federal Credit Union’s Motion to Set Aside Dismissal is GRANTED.

Moving party is ordered to give notice.

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