This case was last updated from Los Angeles County Superior Courts on 01/30/2021 at 02:11:10 (UTC).

SELIA HANSEN VS NBA AUTOMOTIVE, INC., ET AL.

Case Summary

On 04/24/2020 SELIA HANSEN filed a Personal Injury - Other Personal Injury lawsuit against NBA AUTOMOTIVE, INC . 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3588

  • Filing Date:

    04/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

HANSEN SELIA

Defendants

NBA AUTOMOTIVE INC.

CAPITAL ONE FINANCIAL CORP

Attorney/Law Firm Details

Plaintiff Attorney

DAHL NICHOLAS

 

Court Documents

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

1/28/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Declaration re: Attorney's Fees - Declaration re: Attorney's Fees

1/14/2021: Declaration re: Attorney's Fees - Declaration re: Attorney's Fees

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

9/8/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

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

7/14/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

7/15/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Proof of Personal Service - Proof of Personal Service

7/15/2020: Proof of Personal Service - Proof of Personal Service

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

7/15/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

7/20/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

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

7/20/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

6/5/2020: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

6/16/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

4/24/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/14/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

Civil Case Cover Sheet - Civil Case Cover Sheet

4/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/24/2020: Complaint - Complaint

Summons - Summons on Complaint

4/24/2020: Summons - Summons on Complaint

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

4/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12 More Documents Available

 

Docket Entries

  • 04/28/2023
  • Hearing04/28/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 10/22/2021
  • Hearing10/22/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 01/28/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

    Read MoreRead Less
  • 01/28/2021
  • DocketOn the Complaint filed by Selia Hansen on 04/24/2020, Default entered on 07/20/2020, Vacated - .

    Read MoreRead Less
  • 01/28/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 01/28/2021 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/28/2021; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 01/14/2021
  • DocketNotice of Non-Opposition and Request for Reasonable Attorney's Fees and Costs; Filed by: Selia Hansen (Plaintiff); As to: NBA Automotive, Inc. (Defendant)

    Read MoreRead Less
  • 01/14/2021
  • DocketDeclaration re: Attorney's Fees; Filed by: Selia Hansen (Plaintiff)

    Read MoreRead Less
  • 09/09/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 01/28/2021 at 09:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 09/08/2020
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: NBA Automotive, Inc. (Defendant); As to: Selia Hansen (Plaintiff)

    Read MoreRead Less
  • 07/20/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Selia Hansen (Plaintiff); As to: NBA Automotive, Inc. (Defendant)

    Read MoreRead Less
14 More Docket Entries
  • 05/14/2020
  • DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk

    Read MoreRead Less
  • 05/14/2020
  • DocketUpdated -- First Amended Standing Order: As To Parties: removed

    Read MoreRead Less
  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/22/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/28/2023 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/24/2020
  • DocketComplaint; Filed by: Selia Hansen (Plaintiff); As to: NBA Automotive, Inc. (Defendant); Capital One Financial Corp (Defendant)

    Read MoreRead Less
  • 04/24/2020
  • DocketSummons on Complaint; Issued and Filed by: Selia Hansen (Plaintiff); As to: NBA Automotive, Inc. (Defendant); Capital One Financial Corp (Defendant)

    Read MoreRead Less
  • 04/24/2020
  • DocketCivil Case Cover Sheet; Filed by: Selia Hansen (Plaintiff); As to: NBA Automotive, Inc. (Defendant); Capital One Financial Corp (Defendant)

    Read MoreRead Less
  • 04/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 04/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 04/24/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC03588    Hearing Date: January 28, 2021    Dept: 25

HEARING DATE: Thu., January 28, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Hansen v. NBA Automotive, Inc., et al. COMPL. FILED: 04-24-20

CASE NUMBER: 20STLC03588 DEFAULT: 07-20-20

NOTICE: OK TRIAL DATE: 10-22-21

PROCEEDINGS: MOTION TO SET ASIDE ENTRY OF DEFAULT

MOVING PARTY: Defendant NBA Automotive, Inc.

RESP. PARTY: None

MOTION TO SET ASIDE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant NBA Automotive, Inc.’s Motion to Set Aside Entry of Default is GRANTED. The default entered on July 20, 2020 is HEREBY VACATED. Defendant NBA to file its proposed answer within ten (10) days of this order. In addition, Defendant NBA’s counsel is ordered to pay reasonable attorney’s fees and costs of $743.30 to Plaintiff’s counsel within thirty (30) days of this order.

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 January 26, 2021 [ ] Late [X] None

REPLY: None filed as of January 26, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 24, 2020, Plaintiff Selia Hansen (“Plaintiff”) filed an action against Defendants NBA Automotive, Inc. (“NBA”) and Capital One Financial Corp. (“Capital One”). Defendant Capital One was dismissed from the action on June 5, 2020. Following Defendant NBA’s failure to respond, default was entered against it on July 20, 2020.

Defendant NBA filed the instant Motion to Set Aside Entry of Default on September 8, 2020. Plaintiff filed a Notice of Non-opposition and Request for Reasonable Attorney’s Fees and Costs on January 14, 2021.

  1. Legal Standard & Discussion

Defendant NBA seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2:7-9.) 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.)

Defendant NBA’s Motion is timely. It seeks to set aside the default entered on July 20, 2020 due to Defendant’s counsel’s inadvertence or excusable neglect. (Mot., pp. 4:16-5:1.) Specifically, Defendant NBA’s counsel states that after receiving the Complaint, he prepared an answer. (Id., McCreary Decl., ¶ 2.) He mistakenly believed he had filed the answer but instead he misplaced Defendant NBA’s file and the answer was not filed. (Id.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, the Motion is GRANTED.

When relief from default is granted based on an attorney’s affidavit of fault, the court must direct the attorney to pay reasonable compensatory legal fees and costs of the opposing counsel or the parties. (Code Civ. Proc., § 473, subd. (b).) In its discretion, the Court may also impose a penalty of no greater than $1,000.00 on the offending attorney. (Code Civ. Proc., § 473, subd. (c)(1).)

In the Notice of Non-opposition, Plaintiff’s counsel states his hourly rate is $350.00 and that he spent 1.3 hours drafting, filing, and serving the request for entry of default, 0.5 hours proposing to set aside the default via stipulation without success, 1.9 hours drafting the non-opposition, and anticipates spending 1 hour at the hearing on this Motion. (Mot., p. 2:7-22, Dahl Decl., ¶¶ 10-11.) However, counsel only requests $1,140.00 due to Local Rule 3.207’s limitations on attorney’s fees. (Id.) Local Rule 3.207, however, applies to attorney’s fees awarded on a default judgment, not to attorney’s fees awarded on relief from default. In any case, Plaintiff’s request is excessive. The Court finds 2 hours to be reasonable. Plaintiff’s counsel also requests costs of $132.45, plus sanctions of no greater than $1,000.00. (Id., Dahl Decl., ¶¶ 10-11.) The Court awards costs incurred as a result of this Motion only, which total $43.30. (Id.) Finally, the Court declines to award any additional sanctions under Code of Civil Procedure section 473, subdivision (c). In sum, Defendant NBA’s counsel is ordered to pay $743.30 to Plaintiff’s counsel within thirty (30) days of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant NBA Automotive, Inc.’s Motion to Set Aside Entry of Default is GRANTED. The default entered on July 20, 2020 is HEREBY VACATED. Defendant NBA to file its proposed answer within ten (10) days of this order. In addition, Defendant NBA’s counsel is ordered to pay reasonable attorney’s fees and costs of $743.30 to Plaintiff’s counsel within thirty (30) days of this order.

Moving party is ordered to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where NBA AUTOMOTIVE INC. A CALIFORNIA CORPORATION DBA NISSANI BROS CHEVROLET is a litigant

Latest cases where Capital One Financial Corporation is a litigant

Latest cases represented by Lawyer DAHL NICHOLAS