This case was last updated from Los Angeles County Superior Courts on 04/16/2021 at 00:41:40 (UTC).

SHERWOOD MOBILE HOME PARK VS ANN MARIE RIZZA

Case Summary

On 12/12/2018 SHERWOOD MOBILE HOME PARK filed a Contract - Other Contract lawsuit against ANN MARIE RIZZA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4771

  • Filing Date:

    12/12/2018

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

SHERWOOD MOBILE HOME PARK

Defendant

RIZZA ANN MARIE

Attorney/Law Firm Details

Plaintiff Attorney

TREVILLYAN JONATHAN T

Defendant Attorney

KELLENER JOSEPH

 

Court Documents

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

1/13/2021: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Request for Judicial Notice - Request for Judicial Notice

1/13/2021: Request for Judicial Notice - Request for Judicial Notice

Notice (name extension) - Notice OF OSC

2/8/2021: Notice (name extension) - Notice OF OSC

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

2/23/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Summary of the Case - Summary of the Case

4/2/2021: Summary of the Case - Summary of the Case

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

4/2/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

4/6/2021: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Minute Order - Minute Order (Order to Show Cause Re: Default Judgment)

1/11/2021: Minute Order - Minute Order (Order to Show Cause Re: Default Judgment)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

10/21/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Request for Dismissal - Request for Dismissal

10/21/2019: Request for Dismissal - Request for Dismissal

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

10/21/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

11/5/2019: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Minute Order - Minute Order (Court Order)

4/29/2020: Minute Order - Minute Order (Court Order)

Ex Parte Application (name extension) - Ex Parte Application Statement and Question

1/29/2019: Ex Parte Application (name extension) - Ex Parte Application Statement and Question

Proof of Personal Service - Proof of Personal Service

1/16/2019: Proof of Personal Service - Proof of Personal Service

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

1/16/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Complaint - Complaint

12/12/2018: Complaint - Complaint

20 More Documents Available

 

Docket Entries

  • 04/14/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 04/14/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/14/2021

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  • 04/13/2021
  • DocketOn the Complaint filed by Sherwood Mobile Home Park on 12/12/2018, entered Request for Dismissal with prejudice filed by Sherwood Mobile Home Park as to the entire action

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  • 04/06/2021
  • DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:

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  • 04/06/2021
  • DocketJudgment JUDGMENT - Rejected; Submitted by: Sherwood Mobile Home Park (Plaintiff); As to: Ann Marie Rizza (Defendant)

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  • 04/02/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Sherwood Mobile Home Park (Plaintiff)

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  • 04/02/2021
  • DocketSummary of the Case; Filed by: Sherwood Mobile Home Park (Plaintiff)

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  • 04/02/2021
  • DocketDeclaration OF RICHARD WALSH IN SUPPORT OF JUDGMENT; Filed by: Sherwood Mobile Home Park (Plaintiff)

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  • 04/02/2021
  • Docket; On the Complaint filed by Sherwood Mobile Home Park on 12/12/2018

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  • 02/23/2021
  • DocketUpdated -- Motion to Set Aside/Vacate Default: Filed By: Ann Marie Rizza (Defendant); Result: Denied; Result Date: 02/23/2021

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  • 02/23/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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32 More Docket Entries
  • 01/16/2019
  • DocketDefault entered as to Ann Marie Rizza; On the Complaint filed by Sherwood Mobile Home Park on 12/12/2018

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  • 12/17/2018
  • DocketSubpoena & Proof of Service; Filed by: Sherwood Mobile Home Park (Plaintiff); As to: Ann Marie Rizza (Defendant)

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  • 12/14/2018
  • DocketNon-Jury Trial scheduled for 06/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/14/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/15/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/14/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 12/12/2018
  • DocketComplaint; Filed by: Sherwood Mobile Home Park (Plaintiff); As to: Ann Marie Rizza (Defendant)

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  • 12/12/2018
  • DocketCivil Case Cover Sheet; Filed by: Sherwood Mobile Home Park (Plaintiff); As to: Ann Marie Rizza (Defendant)

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  • 12/12/2018
  • DocketSummons on Complaint; Issued and Filed by: Sherwood Mobile Home Park (Plaintiff); As to: Ann Marie Rizza (Defendant)

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  • 12/12/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/12/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC14771    Hearing Date: February 23, 2021    Dept: 26

Sherwood Mobile Home Park v. Rizza, et al.

MOTION TO VACATE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Ann Marie Rizza’s Motion to Vacate Entry of Default is DENIED.

Order to Show Cause Re Default Judgment remains set for April 14, 2021 at 9:30 am in Department 26 in the Spring Street Courthouse.

ANALYSIS:

Plaintiff Sherwood Mobile Home Park (“Plaintiff”) filed the instant action to declare mobile home abandoned against Defendant Ann Marie Rizza (“Defendant”) on December 12, 2018. Following Defendant’s failure to file a responsive pleading, the Court entered her default on January 16, 2019. Defendant filed the instant Motion to Vacate Default on January 13, 2021. Plaintiff filed an opposition on February 8, 2021.

Discussion

Defendant moves for relief from the default pursuant to Code of Civil Procedure section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order 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.) The motion must also be accompanied by a copy of the moving defendant’s proposed pleading. (Code Civ. Proc., § 473, subd. (b).) The motion is brought based on Defendant’s own excusable neglect or surprise. (Notice, p. 1:27-28.)

The Motion was not timely filed and served less than six months after entry of default. The Motion was filed almost two years after entry of default. The six-month deadline is jurisdictional and not subject to tolling. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Additionally, a request for relief under the discretionary prong—based on the party’s own fault—must not only be made within six months of entry of default, but within a reasonable time. (Code Civ. Proc., § 473, subd. (b).) Defendant has not demonstrated that she acted with reasonable diligence upon learning of the default. The supporting declaration does not explain when Defendant learned of the entry of default, the request for which was served on her by mail on January 16, 2019. (Request for Entry of Default, filed 1/16/19, ¶6.)

Therefore, the Court cannot relieve Defendant of the entry of default under Code of Civil Procedure section 473, subdivision (b).

Conclusion

Defendant Ann Marie Rizza’s Motion to Vacate Entry of Default is DENIED.

Order to Show Cause Re Default Judgment remains set for April 14, 2021 at 9:30 am in Department 26 in the Spring Street Courthouse.

Moving party to give notice.

Case Number: 18STLC14771    Hearing Date: February 22, 2021    Dept: 26


Case Number: 19STLC03027    Hearing Date: February 22, 2021    Dept: 26

Interinsurance Exchange v. West, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT SHAYNE WEST IN THE AMOUNT OF $6,671.01 principal, $345.00 costs and interest at 10 percent per annum from May 1, 2018.

ANALYSIS:

On March 27, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Shayne West (“Defendant”). On July 8, 2019, Plaintiff filed a Notice of Settlement of Entire Case. The Court set an Order to Show Cause Regarding Dismissal and Entry of Default (“OSC”) for September 6, 2019. When no party appeared for the OSC, the Court dismissed the entire action without prejudice.

On January 21, 2020, the Court granted Plaintiff’s motion to vacate the dismissal. On August 7, 2020, Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment. To date, no opposition has been filed.

Legal Standard

Under Code of Civil Procedure, section 664.6:

If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

(Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) Accordingly, “parties” under section 664.6 means the litigants themselves, not their attorneys. (Levy v. Superior Court (1995) 10 Cal.4th 578, 586 (holding “we conclude that the term ‘parties’ as used in section 664.6 means the litigants themselves, and does not include their attorneys of record.”).) Additionally, the settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.)

Discussion

Plaintiff has demonstrated the settlement agreement complies with the statutory requirements set forth above in that it was signed by both parties. (Motion, Tapper Decl., Exh. A.) The settlement provides that Defendant would pay Plaintiff $7,071.01 through monthly payments starting on August 20, 2019. (Id. at Exh. A, ¶2.) The settlement agreement also provides that upon Defendant’s default, judgment in the amount of the settlement plus costs and 10 percent interest per annum may be entered in Plaintiff’s favor. (Id. at Exh. A, ¶1.) Payments of $400.00 were made towards the settlement, after which Defendant defaulted. (Id. at ¶¶3-4.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $6,671.01 principal, $345.00 costs and interest at 10 percent per annum from May 1, 2018. (Id. at ¶5.)

Conclusion

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED. JUDGMENT TO BE ENTERED AGAINST DEFENDANT SHAYNE WEST IN THE AMOUNT OF $6,671.01 principal, $345.00 costs and interest at 10 percent per annum from May 1, 2018.

Moving party to give notice.

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