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This case was last updated from Los Angeles County Superior Courts on 06/18/2019 at 13:38:00 (UTC).

PEREZ, JOSE VS PRYSOCK, BILLY E

Case Summary

On 05/18/2015 PEREZ, JOSE filed a Civil Right - Other Civil Right lawsuit against PRYSOCK, BILLY E. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6035

  • Filing Date:

    05/18/2015

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

PEREZ JOSE

SANCHEZ KARLA

Defendants

PRYSOCK BILLY E

JESPERSEN ROGER LEON

JESPERSEN LOREN ROY

Attorney/Law Firm Details

Plaintiff Attorney

LAW OFFICES OF MORSE MEHRBAN A P C

15233 Ventura Blvd Ste 304

Sherman Oaks, CA 91403-0000

 

Court Documents

Summons

5/18/2015: Summons

(name extension) - DISMISSAL WITHOUT PREJUDICE - FILED & ENTERED

6/11/2015: (name extension) - DISMISSAL WITHOUT PREJUDICE - FILED & ENTERED

(name extension) - PROOF OF SERVICE TO COMPLAINT FILED

7/20/2015: (name extension) - PROOF OF SERVICE TO COMPLAINT FILED

(name extension) - REQUEST FOR DEFAULT FILED AND ENTERED

7/23/2015: (name extension) - REQUEST FOR DEFAULT FILED AND ENTERED

(name extension) - DISMISSAL WITHOUT PREJUDICE - FILED & ENTERED

9/14/2015: (name extension) - DISMISSAL WITHOUT PREJUDICE - FILED & ENTERED

Request for Entry of Default / Judgment

4/8/2016: Request for Entry of Default / Judgment

Memorandum of Points & Authorities

5/13/2016: Memorandum of Points & Authorities

Other - (name extension) - REQUEST FOR DISMISSAL

5/13/2016: Other - (name extension) - REQUEST FOR DISMISSAL

Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

10/24/2016: Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

Other - (name extension) - CLERK'S CERTIFICATION OF RECORD ON APPEAL

11/29/2016: Other - (name extension) - CLERK'S CERTIFICATION OF RECORD ON APPEAL

Remittitur

7/25/2017: Remittitur

Minute Order - (Court Order)

9/26/2017: Minute Order - (Court Order)

Notice of Entry of Judgment / Dismissal / Other Order

9/27/2017: Notice of Entry of Judgment / Dismissal / Other Order

Minute Order - (Hearing on Motion for Attorney Fees)

10/10/2017: Minute Order - (Hearing on Motion for Attorney Fees)

Judgment

10/10/2017: Judgment

Order on Court Fee Waiver (Superior Court)

10/30/2017: Order on Court Fee Waiver (Superior Court)

Order on Court Fee Waiver (Superior Court)

10/30/2017: Order on Court Fee Waiver (Superior Court)

Order on Court Fee Waiver (Superior Court)

5/2/2018: Order on Court Fee Waiver (Superior Court)

23 More Documents Available

 

Docket Entries

  • 05/02/2018
  • Abstract of Judgment - Civil and Small Claims; Issued by: Clerk

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  • 05/02/2018
  • Order on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: KARLA SANCHEZ (Plaintiff)

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  • 05/02/2018
  • Order on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: JOSE PEREZ (Plaintiff)

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  • 01/17/2018
  • Abstract of Judgment - Civil and Small Claims; Issued by: Clerk

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  • 12/20/2017
  • Notice of Change of Address or Other Contact Information; Filed by: Attorney

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  • 12/12/2017
  • Notice of Rejection - Post Judgment; Filed by: Clerk

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  • 10/30/2017
  • Order on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: KARLA SANCHEZ (Plaintiff)

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  • 10/30/2017
  • Updated -- Order on Court Fee Waiver (Superior Court): Result: Granted; Result Date: 10/30/2017

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  • 10/30/2017
  • Order on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: JOSE PEREZ (Plaintiff)

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  • 10/30/2017
  • Updated -- Order on Court Fee Waiver (Superior Court): Result: Granted; Result Date: 10/30/2017

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42 More Docket Entries
  • 07/23/2015
  • SUBMISSION FOR DEFAULT ONLY PENDING *** DEFAULT PROCESSE

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  • 07/20/2015
  • PROOF OF SERVICE TO COMPLAINT FILED

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  • 06/11/2015
  • DISMISSAL WITHOUT PREJUDICE - FILED & ENTERED

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  • 05/21/2015
  • NON-JURY TRIAL SET FOR 11/18/16, 08:30 AM, DEPT 77 * * DELETED

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  • 05/20/2015
  • OSC SET 05/18/18, 08:30 AM, DEPT. 77 PURSUANT TO GENERAL ORDER * * DELETED

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  • 05/20/2015
  • A/C - COMPLAINT FILED REASON: OTHERS

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  • 05/19/2015
  • FEE WAIVER FILED -CASE FILING FEE.

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  • 05/18/2015
  • COMPLAINT FILED - CIVIL RIGHTS/DISCRIMINIATION FILED Filing Fee: 225.00

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  • 05/18/2015
  • SUMMONS FILED

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  • 05/18/2015
  • FEE WAIVER FILED -CASE FILING FEE.

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Tentative Rulings

Case Number: 15K06035    Hearing Date: August 31, 2020    Dept: 25

MOTION TO SET ASIDE DEFAULT JUDGMENT OR IN THE ALTERNATIVE WRONGFUL LIEN RECORDING

(CCP §§ 473, 473.5)

TENTATIVE RULING:

Nonparty June Davidson’s Motion to Set Aside Judgment or, in the Alternative, Set Aside Wrongful Recording is DENIED.

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 August 26, 2020 [   ] Late [X] None

REPLY: None filed as of August 26, 2020 [   ] Late [X] None

ANALYSIS:

I. Background

On May 18, 2015, Plaintiffs Jose Perez and Karla Sanchez (collectively, “Plaintiffs”) filed an action for violation of the Unruh Civil Rights Act against Defendant Billy Prysock (“Prysock”), Roger Leon Jespersen (“Roger”), and Loren Roy Jespersen (“Loren”). Defendants Loren and Roger were dismissed from the action on June 11, 2015 and September 14, 2015, respectively. Plaintiff filed a proof of service demonstrating that Defendant Prysock was served with the Summons and Complaint on May 29, 2015 by certified mail at 215 Clark Mountain Road, Huntsville, AL 35810 with return receipt requested in accordance with Code of Civil Procedure section 415.40. (7/20/15 Proof of Service.)

Following Defendant Prysock’s failure to answer the Complaint, default was entered against him on July 23, 2015. A default judgment was entered on October 10, 2017 in the amount of $12,267.90, based on statutory damages of $8,000.00, attorney’s fees of $3,700.00, and costs of $567.90 (the “Judgment”). (10/10/17 Judgment.)

On May 18, 2020, Nonparty June Davidson (“Davidson”) filed the instant Motion to Set Aside Judgment or, in the Alternative, Set Aside Wrongful Recording (the “Motion”). To date, no opposition has been filed.

 

II. Legal Standard & Discussion

 

Relying on Code of Civil Procedure section 473.5, section 663, and the Court’s equitable powers, Nonparty Davidson seeks to set aside the default judgment entered against Defendant Prysock on the basis that he was never served with the Summons and Complaint. (Mot., pp. 5:18-23; 6:11-7:14.)

“When service of 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 and for leave to defend the action.” (Code Civ. Proc., § 473.5, subd. (a).) (Italics added.) “Apart from any statute, courts have the inherent authority to vacate a default and default judgment on equitable grounds such as extrinsic fraud or extrinsic mistake. [Citations.]” (Bae v.  T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 97.) “Extrinsic fraud occurs where one party was deprived of an opportunity to present his claim or defense in court, where he was kept ignorant or, other than from his own negligence, fraudulently prevented from fully participating in the proceeding.” (Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1300.) To set aside a default or default judgment based on extrinsic fraud or mistake, the moving party must satisfy a three-part test. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982.) “First, the defaulted party must demonstrate that it has a meritorious case. Second, the party seeking to set aside the default must articulate a satisfactory excuse for not presenting a defense to the original action. Last [], the moving party must demonstrate diligence in seeking to set aside the default once…discovered. [Citation.]” (Id.) (Italics added.) Further, an aggrieved party may file a motion to set aside a judgment that was based on an “incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts.” (Code Civ. Proc., § 663, subd. (a).) (Italics added.)

Here, Nonparty Davidson provides evidence that Defendant Prysock passed away on June 22, 2016. (Mot., Davidson Decl., ¶ 11, Exh. B.) She argues that Defendant Prysock did not have notice of this action and that service of process was defective because he was living in California at the time he was purportedly served. (Id. at pp. 6:1-19; 7:9-14.) However, Nonparty Davidson has not demonstrated she has standing to seek relief from default on behalf of decedent Defendant Prysock.

In the alternative, Nonparty Davidson asks that the Court remove the lien recorded by Plaintiff’s attorney against real property located at 1253-1257 Del Rey Ave., Pasadena, CA (the “Property”). (Id. at pp. 7:18-8:8.) She states that she is the current trustee of Continental Investment Company, the true owner of the Property, and that Defendant Prysock never had an ownership interest in the Property. (Id., Davidson Decl., ¶¶ 2, 4, 13.) However, neither Code of Civil Procedure section 473.5, section 663, nor the Court’s equitable powers provide the authority to remove the lien against the Property as requested by Nonparty Davidson.

III. Conclusion & Order

 

For the foregoing reasons, Nonparty June Davidson’s Motion to Set Aside Judgment or, in the Alternative, Set Aside Wrongful Recording is DENIED. 

Moving party is ordered to give notice.