This case was last updated from Los Angeles County Superior Courts on 11/19/2020 at 05:50:41 (UTC).

ROSALINA CORTEZ VS SAUL ANTONIO FLORES MENJIVAR

Case Summary

On 08/21/2019 ROSALINA CORTEZ filed a Personal Injury - Motor Vehicle lawsuit against SAUL ANTONIO FLORES MENJIVAR. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7756

  • Filing Date:

    08/21/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

CORTEZ ROSALINA

Defendant

FLORES MENJIVAR SAUL ANTONIO

Attorney/Law Firm Details

Plaintiff Attorney

AMELI CHANTELLE

Defendant Attorney

LINSON MONIQUE RACHELLE

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order Stipulation And Proposed Order To Set Aside Default

10/1/2020: Stipulation and Order (name extension) - Stipulation and Order Stipulation And Proposed Order To Set Aside Default

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

10/1/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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

6/29/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing for Motion to Set Aside/Vacate Default) of 06/30/2020

6/30/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing for Motion to Set Aside/Vacate Default) of 06/30/2020

Minute Order - Minute Order (Court Order Re: Hearing for Motion to Set Aside/Vacate Default)

6/30/2020: Minute Order - Minute Order (Court Order Re: Hearing for Motion to Set Aside/Vacate Default)

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

4/10/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Proof of Service by Mail - Proof of Service by Mail

4/20/2020: Proof of Service by Mail - Proof of Service by Mail

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

4/20/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration of Chantelle Ameli, Esq.

4/20/2020: Declaration (name extension) - Declaration Declaration of Chantelle Ameli, Esq.

Declaration (name extension) - Declaration Declaration of Plaintiff

4/20/2020: Declaration (name extension) - Declaration Declaration of Plaintiff

Declaration (name extension) - Declaration DECLARATION OF CHANTELLE AMELI, ESQ. IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT JUDGMENT PER CALIFORNIA CODE OF CIVIL PROCEDURE &585(D)

3/16/2020: Declaration (name extension) - Declaration DECLARATION OF CHANTELLE AMELI, ESQ. IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT JUDGMENT PER CALIFORNIA CODE OF CIVIL PROCEDURE &585(D)

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

3/16/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration DECLARATION OF PLAINTIFF ROSALINA CORTEZ IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT JUDGMENT PER CALIFORNIA CODE OF CIVIL PROCEDURE &585(D)

3/16/2020: Declaration (name extension) - Declaration DECLARATION OF PLAINTIFF ROSALINA CORTEZ IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT JUDGMENT PER CALIFORNIA CODE OF CIVIL PROCEDURE &585(D)

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

11/14/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet - Civil Case Cover Sheet

8/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

8/21/2019: Complaint - Complaint

Summons - Summons on Complaint

8/21/2019: Summons - Summons on Complaint

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

8/21/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 10/08/2020
  • DocketOn the Complaint filed by ROSALINA CORTEZ on 08/21/2019, Default entered on 03/16/2020, Vacated - Written Stipulation.

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  • 10/08/2020
  • DocketOn the Complaint filed by ROSALINA CORTEZ on 08/21/2019, Default entered on 04/20/2020, Vacated - Written Stipulation.

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  • 10/08/2020
  • DocketRequest for Dismissal; Filed by: ROSALINA CORTEZ (Plaintiff)

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  • 10/08/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 11/17/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/08/2020

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  • 10/01/2020
  • DocketUpdated -- Stipulation and Order Stipulation And Proposed Order To Set Aside Default: Filed By: SAUL ANTONIO FLORES MENJIVAR (Defendant); Result: Granted; Result Date: 10/01/2020

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  • 10/01/2020
  • DocketUpdated -- Stipulation and Order To Set Aside Default and Dismiss Entire Action With Prejudice: Status Date changed from 09/30/2020 to 10/01/2020; Name Extension changed from Stipulation And Proposed Order To Set Aside Default to To Set Aside Default and Dismiss Entire Action With Prejudice; Result Date changed from 10/01/2020 to 10/01/2020; As To Parties changed from ROSALINA CORTEZ (Plaintiff) to ROSALINA CORTEZ (Plaintiff)

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  • 10/01/2020
  • DocketOn the Complaint filed by ROSALINA CORTEZ on 08/21/2019, entered Request for Dismissal with prejudice filed by ROSALINA CORTEZ as to the entire action

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  • 10/01/2020
  • DocketUpdated -- Request for Dismissal: Status Date changed from 10/08/2020 to 10/01/2020; As To Parties: removed

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  • 10/01/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 11/17/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 10/01/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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24 More Docket Entries
  • 03/16/2020
  • DocketDeclaration DECLARATION OF CHANTELLE AMELI, ESQ. IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT JUDGMENT PER CALIFORNIA CODE OF CIVIL PROCEDURE &585(D); Filed by: ROSALINA CORTEZ (Plaintiff)

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  • 11/14/2019
  • DocketProof of Service by Substituted Service; Filed by: ROSALINA CORTEZ (Plaintiff); As to: SAUL ANTONIO FLORES MENJIVAR (Defendant); Proof of Mailing Date: 10/28/2019; Service Cost: 59.00; Service Cost Waived: No

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  • 08/21/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/21/2019
  • DocketNon-Jury Trial scheduled for 02/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/21/2019
  • DocketCivil Case Cover Sheet; Filed by: ROSALINA CORTEZ (Plaintiff); As to: SAUL ANTONIO FLORES MENJIVAR (Defendant)

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  • 08/21/2019
  • DocketSummons on Complaint; Issued and Filed by: ROSALINA CORTEZ (Plaintiff); As to: SAUL ANTONIO FLORES MENJIVAR (Defendant)

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  • 08/21/2019
  • DocketComplaint; Filed by: ROSALINA CORTEZ (Plaintiff); As to: SAUL ANTONIO FLORES MENJIVAR (Defendant)

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  • 08/21/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC07756    Hearing Date: October 01, 2020    Dept: 25

HEARING DATE: Thu., October 1, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Cortez v. Menjivar COMPL. FILED: 8-21-19

CASE NUMBER: 19STLC07756 DEFAULT : 03-16-20

NOTICE: NO (hearing) DEF. JDMT.: 04-28-20

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

MOVING PARTY: Defendant Saul Antonio Flores Menjivar

RESP. PARTY: None

MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473; equitable grounds)

TENTATIVE RULING:

Defendant Saul Antonio Flores Menjivar’s Motion to Set Aside the Default and Default Judgment is CONTINUED TO NOV 17, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or 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 September 29, 2020 [ ] Late [X] None

REPLY: None filed as of September 29, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On August 21, 2019, Plaintiff Rosalina Cortez (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Saul Antonio Flores Menjivar (“Defendant”). Plaintiff filed a proof of service, signed by a registered process server, showing that Defendant was served by substituted service at 149 W. 70th St., Los Angeles, CA 90003 (the “70th St. Address”). (11/14/20 Proof of Service.)

Following Defendant’s failure to file a responsive pleading, default was entered against him on March 16, 2020. A default judgment in the amount of $25,568.35 was entered on April 28, 2020 (the “Judgment”).

On June 29, 2020, Defendant filed the instant Motion to Set Aside the Default and Default Judgment (the “Motion”). On June 30, 2020, the Court scheduled the Motion for hearing for October 1, 2020 at 9:30 a.m. and ordered Defendant to give notice. (6/30/20 Minute Order.)

As an initial matter, the Court notes that Defendant did not file a proof of service demonstrating Plaintiff was served with the Court’s June 30th Order scheduling this hearing. Thus, the Court cannot determine whether Plaintiff did not file an opposition because it does not oppose the Motion or because it was unaware of this hearing date and the opposition deadline.

For the sake of completeness, the Court also notes that Defendant’s Motion is insufficiently supported. Defendant argues, in part, that it was served with process at the wrong address, but only provides his own self-serving declaration without any supporting documentary evidence. Importantly, the proof of service was signed by a registered California process server. (11/14/20 Proof of Service.) A proof of service containing a declaration from a registered process server invokes a presumption of valid service. (See American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390; see also Evid. Code § 647.) This presumption is rebuttable. (See id.) The party seeking to defeat service of process must present sufficient evidence to show that the service did not take place as stated. (See Palm Property Investments, LLC v. Yadegar (2011) 194 Cal.App.4th 1419, 1428; cf. People v. Chavez (1991) 231 Cal.App.3d 1471, 1483 [“If some fact be presumed, the opponent of that fact bears the burden of producing or going forward with evidence sufficient to overcome or rebut the presumed fact.”].) Merely denying service took place without more is insufficient to overcome the presumption. (See Yadegar, supra, 194 Cal.App.4th at 1428.)

Thus, Defendant is ordered to file and serve supplemental papers addressing the deficiencies noted above.

  1. Conclusion & Order

For the foregoing reasons, Defendant Saul Antonio Flores Menjivar’s Motion to Set Aside the Default and Default Judgment is CONTINUED TO NOV 17, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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