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 Disposed - Judgment Entered.
*******7756
08/21/2019
Disposed - Judgment Entered
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
CORTEZ ROSALINA
FLORES MENJIVAR SAUL ANTONIO
AMELI CHANTELLE
LINSON MONIQUE RACHELLE
9/30/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
10/1/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
6/29/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default
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
6/30/2020: Minute Order - Minute Order (Court Order Re: Hearing for Motion to Set Aside/Vacate Default)
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
4/20/2020: Proof of Service by Mail - Proof of Service by Mail
4/20/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
4/20/2020: Declaration (name extension) - Declaration Declaration of Chantelle Ameli, Esq.
4/20/2020: Declaration (name extension) - Declaration Declaration of Plaintiff
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)
3/16/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
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)
11/14/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
8/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
8/21/2019: Complaint - Complaint
8/21/2019: Summons - Summons on Complaint
8/21/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing11/17/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)
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
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 10/01/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/17/2020 10:30 AM
DocketProof of Service (not Summons and Complaint); Filed by: ROSALINA CORTEZ (Plaintiff); As to: SAUL ANTONIO FLORES MENJIVAR (Defendant)
DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 10/01/2020 at 09:30 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Court Order Re: Hearing for Motion to Set Aside/Vacate Default)
DocketCertificate of Mailing for (Court Order Re: Hearing for Motion to Set Aside/Vacate Default) of 06/30/2020; Filed by: Clerk
DocketMotion to Set Aside/Vacate Default; Filed by: SAUL ANTONIO FLORES MENJIVAR (Defendant); As to: ROSALINA CORTEZ (Plaintiff)
DocketDefault judgment by Court entered for Plaintiff ROSALINA CORTEZ against Defendant SAUL ANTONIO FLORES MENJIVAR on the Complaint filed by ROSALINA CORTEZ on 08/21/2019 for damages of $25,000.00 and costs of $568.35 for a total of $25,568.35.
DocketDefault entered as to SAUL ANTONIO FLORES MENJIVAR; On the Complaint filed by ROSALINA CORTEZ on 08/21/2019
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
DocketNon-Jury Trial scheduled for 02/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketComplaint; Filed by: ROSALINA CORTEZ (Plaintiff); As to: SAUL ANTONIO FLORES MENJIVAR (Defendant)
DocketSummons on Complaint; Issued and Filed by: ROSALINA CORTEZ (Plaintiff); As to: SAUL ANTONIO FLORES MENJIVAR (Defendant)
DocketCivil Case Cover Sheet; Filed by: ROSALINA CORTEZ (Plaintiff); As to: SAUL ANTONIO FLORES MENJIVAR (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
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:
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.
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.