This case was last updated from Los Angeles County Superior Courts on 09/28/2021 at 06:38:42 (UTC).

PEARLINA CARTER VS 1911 SUNSET INVESTORS, LLC

Case Summary

On 12/30/2020 PEARLINA CARTER filed a Civil Right - Other Civil Right lawsuit against 1911 SUNSET INVESTORS, LLC. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0776

  • Filing Date:

    12/30/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

CARTER PEARLINA

Defendant

1911 SUNSET INVESTORS LLC

Attorney/Law Firm Details

Defendant Attorney

TUSHINSKY FOX JACQUES

Other Attorneys

MEHRBAN MORSE

 

Court Documents

Answer - Answer

8/11/2021: Answer - Answer

Minute Order - Minute Order (Hearing on Motion to Vacate Default and Judgment)

8/11/2021: Minute Order - Minute Order (Hearing on Motion to Vacate Default and Judgment)

Reply (name extension) - Reply TO PLAINTIFFS OPPOSIOTN TO DEFENDANTS MOTION TO VACATE

7/28/2021: Reply (name extension) - Reply TO PLAINTIFFS OPPOSIOTN TO DEFENDANTS MOTION TO VACATE

Request for Dismissal - Request for Dismissal

7/15/2021: Request for Dismissal - Request for Dismissal

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

7/15/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

7/15/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Motion to Vacate (name extension) - Motion to Vacate Default and Default Judgment

7/20/2021: Motion to Vacate (name extension) - Motion to Vacate Default and Default Judgment

Memorandum of Points & Authorities - Memorandum of Points & Authorities

7/23/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Minute Order - Minute Order (Early Evaluation Conference (Construction Related Accessibili...)

6/7/2021: Minute Order - Minute Order (Early Evaluation Conference (Construction Related Accessibili...)

Statement of the Case - Statement of the Case

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

Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55 - Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55.

4/9/2021: Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55 - Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55.

Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C - Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility

4/9/2021: Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C - Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility

Proof of Personal Service - Proof of Personal Service

2/24/2021: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

12/30/2020: Summons - Summons on Complaint

Complaint - Complaint

12/30/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

12/30/2020: First Amended Standing Order - First Amended Standing Order

9 More Documents Available

 

Docket Entries

  • 01/03/2024
  • Hearing01/03/2024 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/29/2022
  • Hearing06/29/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/11/2021
  • DocketAnswer; Filed by: 1911 Sunset Investors, LLC (Defendant); As to: Pearlina Carter (Plaintiff)

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  • 08/11/2021
  • DocketOn the Complaint filed by Pearlina Carter on 12/30/2020, Default entered on 07/15/2021, Vacated - .

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  • 08/11/2021
  • DocketMinute Order (Hearing on Motion to Vacate Default and Judgment)

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  • 08/11/2021
  • DocketHearing on Motion to Vacate Default and Judgment scheduled for 08/11/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/11/2021; Result Type to Held - Motion Granted

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  • 07/28/2021
  • DocketReply TO PLAINTIFF?S OPPOSIOTN TO DEFENDANT?S MOTION TO VACATE; Filed by: 1911 Sunset Investors, LLC (Defendant)

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  • 07/23/2021
  • DocketMemorandum of Points & Authorities; Filed by: Pearlina Carter (Plaintiff)

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  • 07/21/2021
  • DocketHearing on Motion to Vacate Default and Judgment scheduled for 08/11/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 07/20/2021
  • DocketMotion to Vacate Default and Default Judgment; Filed by: 1911 Sunset Investors, LLC (Defendant)

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15 More Docket Entries
  • 12/30/2020
  • DocketNon-Jury Trial scheduled for 06/29/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/30/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 12/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/03/2024 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/30/2020
  • DocketComplaint; Filed by: Pearlina Carter (Plaintiff); As to: 1911 Sunset Investors, LLC (Defendant)

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  • 12/30/2020
  • DocketCivil Case Cover Sheet; Filed by: Pearlina Carter (Plaintiff); As to: 1911 Sunset Investors, LLC (Defendant)

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  • 12/30/2020
  • DocketSummons on Complaint; Issued and Filed by: Pearlina Carter (Plaintiff); As to: 1911 Sunset Investors, LLC (Defendant)

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  • 12/30/2020
  • DocketRequest to Waive Court Fees; Filed by: Pearlina Carter (Plaintiff)

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  • 12/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/30/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Pearlina Carter (Plaintiff)

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Tentative Rulings

b"

Case Number: 20STLC10776 Hearing Date: August 11, 2021 Dept: 25

PROCEEDINGS: MOTION TO VACATE DEFAULT AND DEFAULT\r\nJUDGMENT

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MOVING PARTY: Defendant\r\n1911 Sunset Investors, LLC

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RESP. PARTY: Plaintiff Pearline Carter

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MOTION TO SET ASIDE DEFAULT

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(CCP § 473(b))

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TENTATIVE RULING:

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Defendant 1911\r\nSunset Investors, LLC’s Motion to Vacate Default is GRANTED. Defendant is\r\nordered to file its proposed answer within ten (10) days of this order. In\r\naddition, Defendant’s counsel J.T. Fox of the Law Offices of J.T. Fox &\r\nAssociates, A.P.C. is ordered to pay fees of $500.00 to Plaintiff’s counsel\r\nwithin thirty (30) days of this order.

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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: Filed on July 23, 2021 [ ] Late [ ]\r\nNone

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REPLY: Filed on July\r\n28, 2021 [ ] Late [ ]\r\nNone

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ANALYSIS:

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I. \r\nBackground\r\n

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On December 30, 2020, Plaintiff\r\nPearlina Carter (“Plaintiff”) filed an action alleging violations of the Unruh\r\nCivil Rights Act against Defendant 1911 Sunset Investors, LLC (“Defendant”).

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A stay was issued on February 18\r\nand an early evaluation conference for Plaintiff’s construction-related\r\naccessibility claim was scheduled for June 7, 2021. On June 7, 2021, the stay\r\nwas lifted and trial was scheduled for June 29, 2022. (6/7/21 Minute Order.)

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Following Defendant’s failure to\r\nrespond, default was entered against it on July 15, 2021. (7/15/21 Request for\r\nEntry of Default.) No default judgment was entered.

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On July 15, Defendant filed the\r\ninstant Motion to Vacate Default and Default Judgment (the “Motion”). Plaintiff\r\nfiled an opposition on July 23 and Defendant filed a reply brief on July 28.

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

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Defendant seeks relief\r\npursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2.)\r\nUnder this statute, an\r\napplication for relief must be made no more than six months after entry of the\r\njudgment, dismissal, order or other proceeding from which relief is sought and\r\nmust be accompanied by an affidavit of fault attesting to the mistake,\r\ninadvertence, surprise or neglect of the moving party or its attorney. (Code\r\nCiv. Proc., § 473, subd. (b); English v.\r\nIKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

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Defendant’s Motion is timely and is\r\naccompanied by a copy of its proposed answer. (Mot., Exh. B.) It seeks to set\r\naside the default entered against it due to Defendant’s counsel's inadvertence\r\nand mistake. (Id., p. 2.) Specifically, Defendant’s counsel explains\r\nthat following the June 7 hearing and the stay being lifted, he mistakenly and inadvertently\r\nfailed to file an answer on behalf of Defendant. (Id., Fox Decl., ¶ 3.)\r\nAs a result, default was entered against Defendant on July 15. (Id.) Counsel\r\nreceived notice of the default on July 19 and promptly moved to set it aside the\r\nfollowing day. (Id. at ¶¶ 4-5.)

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Based on the timely request to vacate\r\nthe default supported by an attorney affidavit of fault, the unopposed Motion\r\nis GRANTED. Defendant must file its proposed answer within ten (10) days of\r\nthis order.

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In opposition, Plaintiff cites Code\r\nof Civil Procedure section 473, subdivision (b), which states that the Court\r\n“shall, whenever relief is granted based on an attorney’s affidavit of fault,\r\ndirect the attorney to pay reasonable compensatory legal fees and costs to\r\nopposing counsel or parties.” (Oppo., pp. 1-2.) Plaintiff requests $500.00 in\r\nattorney’s fees based on 1 hour spent to enter default and to oppose this\r\nMotion. (Id., Mehrban Decl., ¶¶ 3-5.)

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In reply, Defendant argues fees should be denied because\r\nPlaintiff failed to warn Defendant’s counsel a default would be sought. (Reply,\r\npp. 1-4.) Relying on Fayusi v. Permatex (2008) 167 Cal.App.4th 681,\r\nDefendant argues Plaintiff’s counsel had an ethical duty to warn Defendant’s\r\ncounsel before taking its default. (Id.) The court in Fayusi\r\nrecognized attorneys had an ethical duty to warn opposing counsel, but\r\nthey also clarified they did not hold that an attorney must warn\r\nopposing counsel before default was taken. (Fayusi v. Permatex, supra, 167\r\nCal.App.4th 681, 701-03.)

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Further, the express provisions of\r\nSection 473, subdivision (b), make it mandatory that the attorney moving for\r\nrelief based on its affidavit of fault be ordered to pay the other party’s fees\r\nand costs. (Code Civ. Proc., § 473, subd. (b).) Defendant has not cited any\r\nauthority demonstrating otherwise.

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Accordingly, Defendant counsel J.T.\r\nFox of The Law Offices of J.T. Fox & Associates, A.P.C. is ordered to pay\r\nfees of $500.00 to Plaintiff’s counsel within thirty (30) days of notice of\r\nthis order.

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

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For the foregoing reasons, Defendant\r\n1911 Sunset Investors, LLC’’s Motion to Vacate Default is GRANTED. Defendant is\r\nordered to file its proposed answer within ten (10) days of this order. In\r\naddition, Defendant’s counsel, J.T. Fox of the Law Offices of J.T. Fox &\r\nAssociates, A.P.C. is ordered to pay fees of $500.00 to Plaintiff’s counsel\r\nwithin thirty (30) days of this order.

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Moving party is ordered to give\r\nnotice.

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