SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY VS THE KAGAN LIVING TRUST, ET AL.
Case Summary
On 09/19/2019 SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY filed a Contract - Debt Collection lawsuit against THE KAGAN LIVING TRUST. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is RANDY RHODES. The case status is Pending - Other Pending.
Case Details
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Case Number:
*******7360
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Filing Date:
09/19/2019
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Case Status:
Pending - Other Pending
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Courthouse:
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County, State:
Los Angeles, California
Judge Details
Judge
RANDY RHODES
Party Details
Plaintiff
SOCAL LIEN SOLUTIONS A CALIFORNIA LIMITED LIABILITY COMPANY
Defendants
KAGAN MONIQUE TRUSTEE
HUDSON INSURANCE COMPANY
KAGAN JONATHAN TRUSTEE
THE KAGAN LIVING TRUST
TROY COMPANY INC
Attorney/Law Firm Details
Plaintiff Attorney
PARIKH SAGAR P.
Defendant Attorneys
GREEN SCOTT THOMAS
KHALILPOUR MAHBOD
Court Documents
1/2/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - NOTICE OF MOTION AND MOTION TO VACATE DEFAULT ENTERED OCTOBER 24,2019 AND DEFAULT JUDGMENT ENTERED DECEMBER 03, 201e [c.c.P. s 473]
3/10/2020: Notice (name extension) - Notice Non-Receipt of Opposition
3/16/2020: Answer - Answer
3/16/2020: Notice of Ruling - Notice of Ruling
2/5/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
2/5/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 02/05/2020
2/5/2020: Order (name extension) - Designation-Transfer Order for Non-Collection Hub Case
2/6/2020: Minute Order - Minute Order (Court Order Re Reassignment to Limited Civil Non-Collections Hub)
2/6/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment to Limited Civil Non-Collections Hub) of 02/06/2020
1/27/2020: Notice (name extension) - Notice of Non-Receipt of Opposition to Motion to Vacate Default
12/2/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
12/2/2019: Request for Dismissal - Request for Dismissal
11/20/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
10/24/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
10/24/2019: Proof of Personal Service - Proof of Personal Service
9/19/2019: Complaint - Complaint
9/19/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
9/19/2019: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740) - Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)
Docket Entries
- 09/14/2020
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Hearing09/14/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
- 03/19/2020
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DocketNon-Jury Trial scheduled for 09/14/2020 at 08:30 AM in Spring Street Courthouse at Department 26
- 03/19/2020
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DocketOn the Court's own motion, Trial Setting Conference scheduled for 05/14/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 03/16/2020
- 03/16/2020
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DocketAnswer; Filed by: TROY COMPANY, INC (Defendant); As to: SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY (Plaintiff)
- 03/16/2020
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DocketNotice of Ruling; Filed by: TROY COMPANY, INC (Defendant)
- 03/16/2020
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DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)
- 03/16/2020
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DocketOn the Complaint filed by SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY on 09/19/2019, Default entered on 10/24/2019, Vacated - .
- 03/16/2020
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DocketUpdated -- On the Complaint filed by SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY on 09/19/2019, judgment entered on 12/03/2019 is vacated
- 03/16/2020
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DocketOn the Complaint filed by SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY on 09/19/2019, judgment entered on 12/03/2019 as to TROY COMPANY, INC is
- 03/16/2020
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DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 03/16/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/16/2020; Result Type to Held - Motion Granted
- 10/24/2019
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DocketDefault entered as to TROY COMPANY, INC; On the Complaint filed by SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY on 09/19/2019
- 10/24/2019
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DocketProof of Personal Service; Filed by: SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY (Plaintiff); As to: TROY COMPANY, INC (Defendant); Service Date: 09/23/2019; Service Cost: 48.00; Service Cost Waived: No
- 09/20/2019
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DocketOrder to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 09/24/2020 at 08:30 AM in Chatsworth Courthouse at Department F43
- 09/20/2019
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DocketCase assigned to Hon. Randy Rhodes in Department F43 Chatsworth Courthouse
- 09/19/2019
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DocketComplaint; Filed by: SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY (Plaintiff); As to: THE KAGAN LIVING TRUST (Defendant); MONIQUE KAGAN, TRUSTEE (Defendant); JONATHAN KAGAN, TRUSTEE (Defendant) et al.
- 09/19/2019
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DocketSummons on Complaint; Issued and Filed by: SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY (Plaintiff); As to: THE KAGAN LIVING TRUST (Defendant); MONIQUE KAGAN, TRUSTEE (Defendant); JONATHAN KAGAN, TRUSTEE (Defendant) et al.
- 09/19/2019
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DocketCivil Case Cover Sheet; Filed by: SOCAL LIEN SOLUTIONS, A CALIFORNIA LIMITED LIABILITY COMPANY (Plaintiff); As to: THE KAGAN LIVING TRUST (Defendant); MONIQUE KAGAN, TRUSTEE (Defendant); JONATHAN KAGAN, TRUSTEE (Defendant) et al.
- 09/19/2019
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DocketOrder to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk
- 09/19/2019
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 09/19/2019
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DocketThe case is placed in special status of: Collections Case (CCP 3.740)
Tentative Rulings
Case Number: 19CHLC37360 Hearing Date: March 16, 2020 Dept: 26
SoCal Lien Solutions, LLC v. The Kagan Living Trust, et al.
VACATE ENTRY OF DEFAULT AND DEFAULT JUDGMENT
(CCP § 473(b))
TENTATIVE RULING:
EFFECTIVE TODAY, BY ORDER OF THE PRESIDNG JUDGE, ALL NON-EMERGENCY MOTIONS ON CALENDAR WILL BE CONTINUED FOR IN-PERSON ARGUMENT FOR AT LEAST 30 DAYS UNLESS PARTIES WISH TO SUBMIT ON THE TENTATIVE RULING VIA PHONE ((213)310-7026) or EMAIL (SSCDept26@lacourt.org) by 10:00 A.M. OR; (B) APPEAR VIA COURT-CALL.
Defendant Troy Company’s Motion to Vacate Entry of Default and Default Judgment is GRANTED. THE DEFAULT ENTERED ON OCTOBER 24, 2019 AND DEFAULT JUDGMENT ENTERED ON DECEMBER 3, 2019 ARE VACATED. DEFENDANT TROY COMPANY IS TO FILE AND SERVE ITS RESPONSIVE PLEADING WITHIN TEN (10) DAYS.
THE TRIAL DATE IS RESET FOR SEPTEMBER 14, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
On September 19, 2019, Plaintiff SoCal Lien Solutions, LLC (“Plaintiff”) filed the instant action for breach of construction contract and recovery on license bond against Defendants The Kagan Living Trust, Monique Kagan, Jonathan Kagan, Troy Company, Inc. (“Troy”) and Hudson Insurance Company. Following Defendant Troy’s failure to respond, the Court entered its default on October 24, 2019 and default judgment on December 3, 2019.
Defendant Troy filed the instant Motion to Vacate Entry of Default on February 11, 2020. To date, no opposition has been filed.
Discussion
Defendant Troy moves for relief from the entry of default and default judgment 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 is brought pursuant to discretionary relief prong of section 473, subdivision (b) for Defendant’s own mistake, inadvertence, surprise or neglect.
Defendant Troy filed the instant Motion three months after default judgment. The declaration in support demonstrates that it was never provided notice of the entry of default because the request for entry of default was served to the wrong address. (Motion, Cox Decl., ¶3.) Defendant Troy’s President and Chief Executive Officer also states in his declaration that the failure to file a responsive pleading was due to misfiling of the Summons and Complaint. (Id. at ¶5.) This demonstrates that the failure to respond was inadvertent. “Inadvertence” generally refers to doing something not intended to be done or failing to do something that was intended to be done which resulted in the entry of default, default judgment or dismissal. (Rappleyea v. Campbell (1995) 8 Cal. 4th 975, 981.)
Finally, the Motion is accompanied by a copy of Defendant Troy’s proposed Answer to the Complaint, as required by Code of Civil Procedure section 473, subdivision (b). (Motion, Khalipour Decl., Exh. B.)
Based on the foregoing, Defendant Troy Company’s Motion to Vacate Entry of Default and Default Judgment is GRANTED. THE DEFAULT ENTERED ON OCTOBER 24, 2019 AND DEFAULT JUDGMENT ENTERED ON DECEMBER 3, 2019 ARE VACATED. DEFENDANT TROY COMPANY IS TO FILE AND SERVE ITS RESPONSIVE PLEADING WITHIN TEN (10) DAYS.
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