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This case was last updated from Los Angeles County Superior Courts on 09/11/2020 at 05:27:31 (UTC).

RELIANCE HOME SERVICES, INC. VS JEFFREY CLARK, ET AL.

Case Summary

On 11/07/2018 RELIANCE HOME SERVICES, INC filed a Contract - Other Contract lawsuit against JEFFREY CLARK. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3611

  • Filing Date:

    11/07/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

RELIANCE HOME SERVICES INC.

Defendants

CLARK MELISSA

CLARK JEFFREY

Attorney/Law Firm Details

Plaintiff Attorney

SHABY DAVID MICHAEL II

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 09/09/2020

9/9/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 09/09/2020

Minute Order - Minute Order (Non-Jury Trial)

9/9/2020: Minute Order - Minute Order (Non-Jury Trial)

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

3/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

1/14/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

1/14/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

11/19/2018: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/19/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet - Civil Case Cover Sheet

11/7/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

11/7/2018: Summons - Summons on Complaint

Complaint - Complaint

11/7/2018: Complaint - Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11/7/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/09/2020
  • DocketOn the Complaint filed by Reliance Home Services, Inc. on 11/07/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 09/09/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 09/09/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 09/09/2020; Filed by: Clerk

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  • 09/09/2020
  • DocketNon-Jury Trial scheduled for 09/09/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/09/2020; Result Type to Held

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  • 09/09/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/10/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/09/2020

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  • 03/27/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/27/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 05/06/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 09/09/2020 08:30 AM

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 01/14/2019
  • DocketDefault entered as to Jeffrey Clark; Melissa Clark; On the Complaint filed by Reliance Home Services, Inc. on 11/07/2018

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  • 01/14/2019
  • DocketDefault entered as to Melissa Clark; On the Complaint filed by Reliance Home Services, Inc. on 11/07/2018

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1 More Docket Entries
  • 01/14/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Reliance Home Services, Inc. (Plaintiff); As to: Melissa Clark (Defendant)

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  • 11/19/2018
  • DocketProof of Personal Service; Filed by: Reliance Home Services, Inc. (Plaintiff); As to: Melissa Clark (Defendant); Service Date: 11/12/2018; Service Cost: 60.00; Service Cost Waived: No

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  • 11/19/2018
  • DocketProof of Service by Substituted Service; Filed by: Reliance Home Services, Inc. (Plaintiff); As to: Jeffrey Clark (Defendant); Proof of Mailing Date: 11/12/2018; Service Cost: 60.00; Service Cost Waived: No

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  • 11/07/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/10/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/07/2018
  • DocketNon-Jury Trial scheduled for 05/06/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/07/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 11/07/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/07/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/07/2018
  • DocketCivil Case Cover Sheet; Filed by: Reliance Home Services, Inc. (Plaintiff)

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  • 11/07/2018
  • DocketComplaint; Filed by: Reliance Home Services, Inc. (Plaintiff); As to: Jeffrey Clark (Defendant); Melissa Clark (Defendant)

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Tentative Rulings

Case Number: 18STLC13611    Hearing Date: March 15, 2021    Dept: 25

HEARING DATE:    Mon., March 15, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Reliance Home Services, Inc. v. Clark, et al.

CASE NUMBER: 18STLC13611  COMP. FILED: 11-07-18

NOTICE: N/A (¿s in default) DISMISSAL: 09-09-20

PROCEEDINGS    MOTION TO SET ASIDE OR VACATE DISMISSAL

MOVING PARTY:   Plaintiff Reliance Home Services, Inc.

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Reliance Home Services, Inc.’s Motion to Set Aside or Vacate Dismissal is GRANTED. The dismissal entered on September 9, 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 March 11, 2021 [   ] Late [X] None

REPLY: None filed as of March 11, 2021 [   ] Late [X] None

ANALYSIS:

  1. Background

On November 7, 2018, Plaintiff Reliance Home Services, Inc. (“Plaintiff”) filed a complaint for breach of contract and common counts against Defendants Jeffrey Clark and Melissa Clark (collectively, “Defendants”). Following their failure to respond, default was entered against Defendants on January 14, 2019.

A non-jury trial was scheduled for September 9, 2020. There being no appearances for either side by 9:02 a.m., the Court ordered the case dismissed without prejudice. (9/9/20 Minute Order.)

Plaintiff filed the instant Motion to Set Aside or Vacate Dismissal (the “Motion”) on February 23, 2020.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 1:22-28.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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. It seeks to set aside the September 9, 2020 order dismissing this action due to Plaintiff’s counsel’s mistake, inadvertence, surprise, or neglect. (Mot.p. 6:20-15.) Specifically, Plaintiff’s counsel states that on his office calendar, the September 9 trial date was noted as “OFF CALENDAR Non-Jury Trial.” (Id., Harshman Decl., ¶ 6.) He also states he believed that due to the Court’s General Orders and other COVID-19 related announcements, no civil trials would be held until at least mid-November. (Id. at ¶ 10.) Further still, Plaintiff’s counsel states that his law firm is understaffed. (Id. at ¶ 2.) Notably, Plaintiff’s counsel states that he is prepared to immediately file a request for dismissal of the DOE defendants and a request for default judgment. (Id. at ¶ 11.)

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 Reliance Home Services, Inc.’s Motion to Set Aside or Vacate Dismissal is GRANTED. The dismissal entered on September 9, 2020 is HEREBY VACATED.

Moving party is ordered to give notice.

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