This case was last updated from Los Angeles County Superior Courts on 11/09/2020 at 10:56:28 (UTC).

ROSELLE CARLIN VS EVICTION RECOVERY GROUP, AN UNKNOWN BUSINESS ENTITY; AND DOES 1 THROUGH 25 INCLUSIVE

Case Summary

On 01/28/2020 ROSELLE CARLIN filed an Other lawsuit against EVICTION RECOVERY GROUP, AN UNKNOWN BUSINESS ENTITY AND DOES 1 THROUGH 25 INCLUSIVE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0882

  • Filing Date:

    01/28/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

CARLIN ROSELLE FKA ROSELLE RIOS

Defendant

EVICTION RECOVERY GROUP AN UNKNOWN BUSINESS ENTITY; AND DOES 1 THROUGH 25 INCLUSIVE

Attorney/Law Firm Details

Plaintiff Attorney

MCMEEKIN DANIEL GORDON

Defendant Attorney

HASIC HALIL

 

Court Documents

Answer - Answer

8/27/2020: Answer - Answer

Amended Complaint - Amended Complaint (1st)

7/27/2020: Amended Complaint - Amended Complaint (1st)

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

7/13/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Reply (name extension) - Reply to Plaintiff's Opposition to Demurrer

7/1/2020: Reply (name extension) - Reply to Plaintiff's Opposition to Demurrer

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

4/30/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Opposition (name extension) - Opposition to Demurrer

4/14/2020: Opposition (name extension) - Opposition to Demurrer

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

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration In Support of Defendant's Demurrer

3/20/2020: Declaration (name extension) - Declaration In Support of Defendant's Demurrer

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

3/20/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Summons - Summons on Complaint

1/28/2020: Summons - Summons on Complaint

Complaint - Complaint

1/28/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/28/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

1/28/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

1/28/2020: First Amended Standing Order - First Amended Standing Order

2 More Documents Available

 

Docket Entries

  • 01/31/2023
  • Hearing01/31/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/27/2021
  • Hearing07/27/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/27/2020
  • DocketAnswer; Filed by: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant); As to: Roselle Carlin (Plaintiff)

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  • 07/27/2020
  • DocketAmended Complaint (1st); Filed by: Roselle Carlin (Plaintiff); As to: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant)

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  • 07/13/2020
  • DocketUpdated -- Demurrer - without Motion to Strike: Filed By: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant); Result: Sustained with Leave to Amend; Result Date: 07/13/2020

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  • 07/13/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 07/13/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 07/13/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/13/2020; Result Type to Held

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  • 07/01/2020
  • DocketReply to Plaintiff's Opposition to Demurrer; Filed by: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant)

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  • 04/30/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Daniel Gordon McMeekin (Attorney)

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  • 04/30/2020
  • DocketAddress for Daniel Gordon McMeekin (Attorney) updated

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4 More Docket Entries
  • 03/20/2020
  • DocketDeclaration In Support of Defendant's Demurrer; Filed by: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant)

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  • 03/20/2020
  • DocketDemurrer - without Motion to Strike; Filed by: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant)

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  • 01/29/2020
  • DocketNon-Jury Trial scheduled for 07/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/29/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/31/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/29/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 01/28/2020
  • DocketComplaint; Filed by: Roselle Carlin (Plaintiff); As to: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant)

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  • 01/28/2020
  • DocketSummons on Complaint; Issued and Filed by: Roselle Carlin (Plaintiff); As to: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant)

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  • 01/28/2020
  • DocketCivil Case Cover Sheet; Filed by: Roselle Carlin (Plaintiff); As to: Eviction Recovery Group, an unknown business entity; and Does 1 through 25 inclusive (Defendant)

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  • 01/28/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/28/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC00882    Hearing Date: July 13, 2020    Dept: 26

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Eviction Recovery Group’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

ANALYSIS:

On January 28, 2020, Plaintiff Roselle Carlin fka Roselle Rios (“Plaintiff”) filed the instant action to vacate judgment against Defendant Eviction Recovery Group (“Defendant”). On March 20, 2020, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed its Opposition on April 14, 2020 and Defendant replied on July 1, 2020.

The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Cheng Decl., ¶¶2-8.) Defendant demurs to the Complaint for failure to allege sufficient facts to state a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).) The Complaint alleges that on March 23, 1998, judgment was entered against Plaintiff and in favor of Roy Hearrean dba Towne House Apartments (“Hearrean”). (Compl., ¶4 and Exh. A.) Plaintiff alleges the judgment is void as a matter of law because it was not made by a judge or judicial official, and was not based on any witness or declaration of witness. (Id. at ¶4.) Plaintiff also alleges she was never served with the Summons and Complaint and could not present a defense. (Id. at ¶5.) Finally, Plaintiff alleges she was never made aware of the judgment or its renewal until her wages were garnished in October 2019. (Id. at ¶¶6-8.)

Under Code of Civil Procedure section 86, subdivision (b)(3), the Court may vacate a judgment in a limited civil case that was obtained through extrinsic fraud, mistake, inadvertence, or excusable neglect. (Code Civ. Proc., § 86, subd. (b)(3).) Extrinsic fraud and mistake have been broadly interpreted by the courts. Extrinsic fraud is defined as circumstances that deprive a party of the opportunity to present a claim or defense to the court because the party has been kept in ignorance or has been in some way fraudulently prevented from fully participating in the proceeding. (Herterich v. Peltner (2018) 20 Cal.App.5th 1132, 1147.) These circumstances include improper service of the Summons and Complaint: “It has long been established that a false affidavit of service constitutes extrinsic fraud” because it prevents the party from having his or her day in court. (Estate of Standing (1950) 99 Cal.App.2d 668, 673.) However, allegations of extrinsic fraud in obtaining a judgment must be pleaded with particularity. (Kuehn v. Kuehn (2000) 85 Cal.App.4th 824, 831-832.)

Plaintiff simply alleges that she “was never served with the Summons and Complaint in the matter, and thus was unable to present a defense.” (Compl., ¶5.) No details are provided regarding the failure to serve Plaintiff. The plain allegation of non-service is not sufficient to allege extrinsic fraud. Finally, as to Plaintiff’s allegation that the judgment is void because it was not signed by a judge or judicial officer, this ground for relief is not addressed under Code of Civil Procedure section 86, subdivision (b)(3). Rather, relief from a void judgment must be brought pursuant to Code of Civil Procedure section 473, subdivision (d) and the requirements thereunder.

Based on the foregoing, Defendant Eviction Recovery Group’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

Moving party to give notice.