This case was last updated from Los Angeles County Superior Courts on 08/08/2021 at 01:43:04 (UTC).

ROBERTA REED VS VALERIE MOORE

Case Summary

On 10/13/2020 ROBERTA REED filed a Property - Other Real Property lawsuit against VALERIE MOORE. 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 - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8676

  • Filing Date:

    10/13/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Real Property

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

REED ROBERTA

Defendant

MOORE VALERIE

Attorney/Law Firm Details

Plaintiff Attorney

TRUTANICH DOMINIC J

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Quash Motion to Quash)

8/5/2021: Minute Order - Minute Order (Hearing on Motion to Quash Motion to Quash)

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default and to Quash any writ

2/5/2021: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default and to Quash any writ

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

11/19/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

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

11/19/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

11/19/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

12/18/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

12/23/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/12/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Default Judgment - Request for Entry of Default

1/13/2021: Default Judgment - Request for Entry of Default

Judgment - Unlawful Detainer - Judgment - Unlawful Detainer

1/22/2021: Judgment - Unlawful Detainer - Judgment - Unlawful Detainer

Application for Writ of Possession - Application for Writ of Possession

1/22/2021: Application for Writ of Possession - Application for Writ of Possession

Writ of Execution - Writ of Possession

1/22/2021: Writ of Execution - Writ of Possession

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

2/5/2021: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Ex Parte Application (name extension) - Ex Parte Application for order staying execution

2/5/2021: Ex Parte Application (name extension) - Ex Parte Application for order staying execution

Minute Order - Minute Order (Hearing on Ex Parte Application for order staying execution)

2/5/2021: Minute Order - Minute Order (Hearing on Ex Parte Application for order staying execution)

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

10/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/13/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

10/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

10 More Documents Available

 

Docket Entries

  • 08/06/2021
  • DocketUpdated -- Writ of Possession: Filed By: Roberta Reed (Plaintiff); Result: Returned and Filed; Result Date: 08/06/2021

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  • 08/06/2021
  • DocketWrit - Return ( Unsatisfied);; Costs Credits: 0.00; Interest Credits: 0.00; Principal Credits: 0.00; Possession: No; Judgment Satisfaction Type: Unsatisfied

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  • 08/05/2021
  • DocketOn the Complaint filed by Roberta Reed on 10/13/2020, entered Order for Dismissal with prejudice as to the entire action

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  • 08/05/2021
  • DocketUpdated -- On the Complaint filed by Roberta Reed on 10/13/2020, judgment entered on 01/22/2021 is vacated

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  • 08/05/2021
  • DocketOn the Complaint filed by Roberta Reed on 10/13/2020, judgment entered on 01/22/2021 as to Valerie Moore is

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  • 08/05/2021
  • DocketMinute Order (Hearing on Motion to Quash Motion to Quash)

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  • 08/05/2021
  • DocketHearing on Motion to Quash Motion to Quash scheduled for 08/05/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/05/2021; Result Type to Held

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  • 08/05/2021
  • DocketThe case is removed from the special status of: Stay - Entire Action/Case

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  • 03/09/2021
  • DocketHearing on Motion to Quash Motion to Quash scheduled for 08/05/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 03/09/2021
  • DocketHearing on Motion to Quash Motion to Quash scheduled for 08/05/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/09/2021

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29 More Docket Entries
  • 11/19/2020
  • Docket; Default not entered as to Valerie Moore; On the Complaint filed by Roberta Reed on 10/13/2020

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  • 11/19/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Roberta Reed (Plaintiff); As to: Valerie Moore (Defendant)

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  • 10/14/2020
  • DocketNon-Jury Trial scheduled for 04/12/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/17/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/14/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 10/13/2020
  • DocketComplaint; Filed by: Roberta Reed (Plaintiff); As to: Valerie Moore (Defendant)

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  • 10/13/2020
  • DocketSummons on Complaint; Issued and Filed by: Roberta Reed (Plaintiff); As to: Valerie Moore (Defendant)

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  • 10/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Roberta Reed (Plaintiff); As to: Valerie Moore (Defendant)

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  • 10/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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Case Number: 20STLC08676 Hearing Date: August 5, 2021 Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE THE JUDGMENT AND\r\nANY DEFAULT, AND TO QUASH ANY WRIT OF POSSESSION/EXECUTION

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MOVING PARTY: Defendant\r\nValerie Moore, in pro per

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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), (d); equitable powers)

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TENTATIVE RULING:

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Defendant\r\nValerie Moore’s Motion to Set Aside Judgment and Any Default and to Quash Any\r\nWrit is CONTINUED TO SEPTEMBER 15, 2021 at 10:30 a.m. in Department 25 at the\r\nSPRING STREET COURTHOUSE. At least five (5) Court days before the next\r\nscheduled hearing, Defendant must file a proof of service demonstrating\r\nPlaintiff was given proper notice of this Motion and of the continued hearing.\r\nFailure to do so will result in the Motion being placed off calendar or denied.\r\n

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SERVICE: \r\n

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[ \r\n ] Proof of Service Timely Filed (CRC, rule\r\n3.1300) NO

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[ \r\n ] Correct Address (CCP §§ 1013, 1013a) NO

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[ \r\n ] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) NO

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OPPOSITION: None filed as of August 3,\r\n2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof August 3, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n& Discussion

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On October 13, 2020, Plaintiff Roberta Reed (“Plaintiff”)\r\nfiled an action against Defendant Valerie Moore (“Defendant”). Following\r\nDefendant’s failure to respond, default was entered against her on January 13,\r\n2021. A judgment was thereafter entered on January 22.

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On February 5, 2021, the Court entered a stay of the\r\nentire case. (2/5/21 Minute Order.) That same day, Defendant, in pro per, filed\r\nthe instant Motion to Set Aside the Judgment and Any Default, and to Quash Any\r\nWrit of Possession/Execution (the “Motion”).

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As an initial matter, the Motion is not accompanied by a\r\nproof of service demonstrating Plaintiff was properly served. Failure to\r\ngive notice of a motion is not only a violation of the statutory requirements\r\nbut of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot\r\nrule on the Motion until Plaintiff has been given notice in accordance with the\r\nstatutory requirements. The Court also notes that the address for this\r\nCourthouse on the Notice of Motion is incorrect. (Notice of Mot., p. 1.)

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Thus, the\r\nMotion is CONTINUED to allow Defendant the opportunity to properly serve\r\nPlaintiff and correct any errors in the moving papers.

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II. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendant Valerie Moore’s Motion to Set Aside\r\nJudgment and Any Default and to Quash Any Writ is CONTINUED TO SEPTEMBER 15,\r\n2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least\r\nfive (5) Court days before the next scheduled hearing, Defendant must file a\r\nproof of service demonstrating Plaintiff was given proper notice of this Motion\r\nand of the continued hearing. Failure to do so will result in the Motion being\r\nplaced off calendar or denied.

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Moving party is ordered to give\r\nnotice.

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