This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 01:54:04 (UTC).

PATRICIA BECERRIL VS FRANCINE GOLDEN, ET AL.

Case Summary

On 06/28/2019 PATRICIA BECERRIL filed a Personal Injury - Uninsured Motor Vehicle lawsuit against FRANCINE GOLDEN. 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:

    *******6160

  • Filing Date:

    06/28/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

BECERRIL PATRICIA

Defendants

GOLDEN FRANCINE

SCHLOSSMAN MARWIN

Attorney/Law Firm Details

Plaintiff Attorney

LYNN DAVID

 

Court Documents

Declaration (name extension) - Declaration of Jeff Lancaster in Support of Plaintiff's Opposition to Defendants' Motion to Set Aside Default

10/12/2021: Declaration (name extension) - Declaration of Jeff Lancaster in Support of Plaintiff's Opposition to Defendants' Motion to Set Aside Default

Declaration (name extension) - Declaration of David Lynn in Support of Plaintiff's Opposition to Defendants' Motion to Set Aside Default

10/12/2021: Declaration (name extension) - Declaration of David Lynn in Support of Plaintiff's Opposition to Defendants' Motion to Set Aside Default

Opposition (name extension) - Opposition to Defendants' Motion to Set Aside Default

10/12/2021: Opposition (name extension) - Opposition to Defendants' Motion to Set Aside Default

Opposition (name extension) - Opposition AMENDED Opposition to Defendants' Motion to Set Aside Default

10/13/2021: Opposition (name extension) - Opposition AMENDED Opposition to Defendants' Motion to Set Aside Default

Brief (name extension) - Brief Supplemental Brief

10/1/2021: Brief (name extension) - Brief Supplemental Brief

Notice of Ruling - Notice of Ruling

9/24/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

9/21/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

8/24/2021: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

8/19/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

8/13/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Notice (name extension) - Notice of Filing Request for Dismissal of DOE Defendants

5/20/2021: Notice (name extension) - Notice of Filing Request for Dismissal of DOE Defendants

Notice (name extension) - Notice of Filing Statement of Damages

5/20/2021: Notice (name extension) - Notice of Filing Statement of Damages

Notice (name extension) - Notice of Filing of Proof of Service of Statement of Damages

5/20/2021: Notice (name extension) - Notice of Filing of Proof of Service of Statement of Damages

Statement of the Case - Statement of the Case

5/21/2021: Statement of the Case - Statement of the Case

Judgment - Judgment [proposed] Judgment

6/2/2021: Judgment - Judgment [proposed] Judgment

Notice of Ruling - Notice of Ruling

12/30/2020: Notice of Ruling - Notice of Ruling

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

12/30/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

12/30/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

22 More Documents Available

 

Docket Entries

  • 10/25/2021
  • Hearing10/25/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)

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  • 10/13/2021
  • DocketOpposition AMENDED Opposition to Defendants' Motion to Set Aside Default; Filed by: Patricia Becerril (Plaintiff)

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  • 10/12/2021
  • DocketOpposition to Defendants' Motion to Set Aside Default; Filed by: Patricia Becerril (Plaintiff)

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  • 10/12/2021
  • DocketDeclaration of Jeff Lancaster in Support of Plaintiff's Opposition to Defendants' Motion to Set Aside Default; Filed by: Patricia Becerril (Plaintiff)

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  • 10/12/2021
  • DocketDeclaration of David Lynn in Support of Plaintiff's Opposition to Defendants' Motion to Set Aside Default; Filed by: Patricia Becerril (Plaintiff)

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  • 10/01/2021
  • DocketBrief Supplemental Brief; Filed by: Francine Golden (Defendant); Marwin Schlossman (Defendant)

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  • 09/24/2021
  • DocketNotice of Ruling; Filed by: Francine Golden (Defendant); Marwin Schlossman (Defendant)

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  • 09/21/2021
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 10/25/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 09/21/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

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  • 09/21/2021
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 09/21/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/25/2021 10:30 AM

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39 More Docket Entries
  • 09/30/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 08/26/2019
  • DocketProof of Service by Substituted Service; Filed by: Patricia Becerril (Plaintiff); As to: Marwin Schlossman (Defendant); Proof of Mailing Date: 08/20/2019; Service Cost: 99.00; Service Cost Waived: No

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  • 08/26/2019
  • DocketProof of Service by Substituted Service; Filed by: Patricia Becerril (Plaintiff); As to: Francine Golden (Defendant); Proof of Mailing Date: 08/16/2019; Service Cost: 99.00; Service Cost Waived: No

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  • 07/02/2019
  • DocketNon-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/02/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/28/2019
  • DocketComplaint; Filed by: Patricia Becerril (Plaintiff); As to: Francine Golden (Defendant); Marwin Schlossman (Defendant)

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  • 06/28/2019
  • DocketSummons on Complaint; Issued and Filed by: Patricia Becerril (Plaintiff); As to: Francine Golden (Defendant); Marwin Schlossman (Defendant)

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  • 06/28/2019
  • DocketCivil Case Cover Sheet; Filed by: Patricia Becerril (Plaintiff); As to: Francine Golden (Defendant); Marwin Schlossman (Defendant)

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  • 06/28/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 19STLC06160 Hearing Date: September 21, 2021 Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE ENTRY OF DEFAULT\r\nAND ANY RESULTING DEFAULT JUDGMENT

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MOVING PARTY: Defendants\r\nFrancine Golden and Marvin Schlossman

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RESP. PARTY: None

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MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

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(CCP § 473(b); Equitable Powers)

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TENTATIVE RULING:

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Defendants\r\nFrancine Golden and Marvin Schlossman’s Motion to Set Aside Default and any Resulting\r\nDefault Judgment is CONTINUED TO OCTOBER 25, 2021 at 10:30 a.m. in Department\r\n25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next\r\nscheduled hearing, Defendants must file and serve supplemental papers\r\naddressing the issues discussed herein. Failure to do so will result in the\r\nMotion being placed off calendar or denied.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of September\r\n17, 2021 [ ] Late [X] None

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REPLY: None filed as\r\nof September 17, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On June 28, 2019, Plaintiff Patricia Becerril\r\n(“Plaintiff”) filed an action against Francine Golden (“Golden”) and Marvin\r\nSchlossman (“Schlossman”) (collectively, “Defendants”). Following Defendants’\r\nfailure to respond, default was entered against Defendant Schlossman on October\r\n1, 2019 and against Defendant Golden on October 2, 2019. A default judgment was\r\nthereafter entered on June 2, 2021 in the amount of $14,583.00. (6/2/21\r\nJudgment.)

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Defendants filed the instant Motion to Set Aside Entry of\r\nDefault and Any Resulting Default Judgment (the “Motion”) on August 24. No\r\nopposition was filed.

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II. \r\nLegal\r\nStandard & Discussion

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Defendants first cite Code of Civil\r\nProcedure section 473, subdivision (b), as a basis for relief. Under this\r\nstatute, an application for relief must be made no more than six months\r\nafter entry of the judgment, dismissal, order or other proceeding from which\r\nrelief is sought and must be accompanied by an affidavit of fault attesting to\r\nthe mistake, inadvertence, surprise or neglect of the moving party or its\r\nattorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)\r\nHowever, the 6-month period for discretionary relief begins to run after the\r\nentry of default, not the entry of default judgment. (Rutan v. Summit\r\nSports, Inc. (1985) 173 Cal.App.3d 965, 970; Kramer v. Traditional\r\nEscrow, Inc. (2020) 56 Cal.App.5th 13, 39.) Thus, Defendants’ request for\r\nrelief is untimely under Section 473, subdivision (b).

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Defendants also argue the Court may\r\nset aside the default and default judgment under its equitable powers. (Mot.,\r\npp. 8-10.) They argue (1) that they were improperly served with the Summons and\r\nComplaint and that such improper service was effectuated at an old address; (2)\r\nthey discovered the default when they conducted their own background\r\ninvestigation, (3) that that Plaintiff took a “secret” default. (Id. at\r\npp. 7-10.)

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Plaintiff filed proofs of service, one\r\nfor each Defendant, on August 26, 2019. (8/26/19 Proofs of Service.) The proofs\r\nof service state that Defendants were substitute served on August 16, 2019 at\r\n3:20 p.m. at 16430 Ventura Blvd., #202, Encino, CA 91436 (the “Ventura Blvd.\r\nAddress”) by leaving a copy of the documents with Mike “Doe”, who refused to\r\nprovide his last name. (Id.) The proofs of service also include a\r\ndeclaration of diligence demonstrating the registered process server attempted\r\nto serve Defendants on three different occasions before effectuating substitute\r\nservice on the fourth attempt. (Id.) It also includes a declaration of\r\nmailing demonstrating the documents were mailed to the same address at which\r\nsubstitute service was completed. (Id.) The requests for the entry of\r\ndefault were also mailed to Ventura Blvd. Address on October 1 and 2, 2019. (10/1/19\r\n& 10/2/19 Requests for Entry of Default.)

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Although Defendants argue service was\r\nimproper, they have not submitted any documentary evidence, not even their declaration,\r\ndemonstrating the service address was improper or that they did not receive\r\nnotice of the Summons and Complaint or the request for entry of default.\r\nDefendants have also not made clear, through their declaration, exactly when\r\nthey discovered this action, the default, and the default judgment which\r\nprecludes the Court from making a finding of reasonable diligence. Although\r\nDefendant’s counsel submits his declaration stating that she herself was\r\ninformed of the judgment on July 27, 2021, because she was not retained until\r\nafter the defaults and default judgment were entered, it is Defendants who must\r\ndemonstrate diligence. Finally, as to the meritorious defense, Defendants conclude\r\nthat the damages claim is contested and that there are meritorious disputes on\r\nthe damages. (Mot., pp. 9-10.) Defendants have also not attached a copy of the\r\nproposed answer to the Motion.

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Thus, the Court will CONTINUE the\r\nhearing to allow Defendants an opportunity to correct the issues discussed\r\nabove.

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III. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendants Francine Golden and Marvin\r\nSchlossman’s Motion to Set Aside Default and any Resulting Default Judgment is\r\nCONTINUED TO OCTOBER 25, 2021 at 10:30 a.m. in Department 25 at the SPRING\r\nSTREET COURTHOUSE. At least 16 court days before the next scheduled hearing,\r\nDefendants must file and serve supplemental papers addressing the issues\r\ndiscussed herein. Failure to do so will result in the Motion being placed off\r\ncalendar or denied.

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Moving parties are ordered to give\r\nnotice.

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