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This case was last updated from Los Angeles County Superior Courts on 04/18/2021 at 14:07:56 (UTC).

T. MARK KELLUM VS GENERAL MOTORS FINANCIAL COMPANY, INC., ET AL.

Case Summary

On 09/23/2020 T MARK KELLUM filed a Personal Injury - Other Personal Injury lawsuit against GENERAL MOTORS FINANCIAL COMPANY, 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:

    *******8014

  • Filing Date:

    09/23/2020

  • 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

KELLUM T. MARK

Defendants

NBA AUTOMOTIVE INC.

GENERAL MOTORS FINANCIAL COMPANY INC.

Attorney/Law Firm Details

Plaintiff Attorney

DAHL NICHOLAS

Defendant Attorney

CAMPBELL JOHN OWEN

 

Court Documents

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

4/1/2021: 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

3/19/2021: Declaration re: Attorney's Fees - Declaration re: Attorney's Fees

Notice (name extension) - Notice of Non-Opposition and Request for Reasonable Attorney's Fees and Costs

3/19/2021: Notice (name extension) - Notice of Non-Opposition and Request for Reasonable Attorney's Fees and Costs

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

2/10/2021: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Answer - Answer

11/30/2020: Answer - Answer

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

12/8/2020: 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

12/8/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

12/8/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

10/19/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

10/19/2020: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

9/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

9/23/2020: Complaint - Complaint

Summons - Summons on Complaint

9/23/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

9/23/2020: First Amended Standing Order - First Amended Standing Order

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

9/23/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 09/27/2023
  • Hearing09/27/2023 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

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  • 03/23/2022
  • Hearing03/23/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/01/2021
  • DocketUpdated -- Motion to Set Aside/Vacate Default and / or Default Judgment: Filed By: NBA Automotive, Inc. (Defendant); Result: Granted; Result Date: 04/01/2021

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  • 04/01/2021
  • DocketOn the Complaint filed by T. Mark Kellum on 09/23/2020, Default entered on 12/08/2020, Vacated - .

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  • 04/01/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 04/01/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 04/01/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/01/2021; Result Type to Held - Motion Granted

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  • 03/19/2021
  • DocketNotice of Non-Opposition and Request for Reasonable Attorney's Fees and Costs; Filed by: T. Mark Kellum (Plaintiff); As to: NBA Automotive, Inc. (Defendant)

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  • 03/19/2021
  • DocketDeclaration re: Attorney's Fees; Filed by: T. Mark Kellum (Plaintiff)

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  • 02/11/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 04/01/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 02/10/2021
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: NBA Automotive, Inc. (Defendant); As to: T. Mark Kellum (Plaintiff)

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5 More Docket Entries
  • 10/19/2020
  • DocketProof of Personal Service; Filed by: T. Mark Kellum (Plaintiff); As to: NBA Automotive, Inc. (Defendant); Service Date: 10/14/2020; Service Cost: 75.00; Service Cost Waived: No

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  • 10/19/2020
  • DocketProof of Personal Service; Filed by: T. Mark Kellum (Plaintiff); As to: General Motors Financial Company, Inc. (Defendant); Service Date: 10/12/2020; Service Cost: 85.00; Service Cost Waived: No

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  • 09/23/2020
  • DocketNon-Jury Trial scheduled for 03/23/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/23/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/27/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/23/2020
  • DocketComplaint; Filed by: T. Mark Kellum (Plaintiff); As to: General Motors Financial Company, Inc. (Defendant); NBA Automotive, Inc. (Defendant)

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  • 09/23/2020
  • DocketCivil Case Cover Sheet; Filed by: T. Mark Kellum (Plaintiff); As to: General Motors Financial Company, Inc. (Defendant); NBA Automotive, Inc. (Defendant)

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  • 09/23/2020
  • DocketSummons on Complaint; Issued and Filed by: T. Mark Kellum (Plaintiff); As to: General Motors Financial Company, Inc. (Defendant); NBA Automotive, Inc. (Defendant)

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  • 09/23/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/23/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/23/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC08014    Hearing Date: April 1, 2021    Dept: 25

HEARING DATE: Thu., April 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: T. Mark Kellum v. General Motors Financial Company, Inc., et al.

CASE NUMBER: 20STLC08014 COMPL. FILED: 09-23-20

NOTICE: OK DEFAULT: 12-08-20

PROCEEDINGS: MOTION TO SET ASIDE ENTRY OF DEFAULT AND DEFAULT JUDGMENT

MOVING PARTY: Defendant NBA Automotive, Inc.

RESP. PARTY: Plaintiff T. Mark Kellum

MOTION TO SET ASIDE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant NBA Automotive, Inc.’s Motion to Set Aside Default is GRANTED. The default entered against Defendant NBA Automotive, Inc. on December 8, 2020 is HEREBY VACATED. In addition, Defendant NBA’s Counsel Duncan McCreary is ordered to pay Plaintiff’s counsel attorney’s fees of $657.45 within thirty (30) days of service 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 March 29, 2021 [ ] Late [X] None

REPLY: None filed as of March 29, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 23, 2020, Plaintiff T. Mark Kellum (“Plaintiff”) filed an action against Defendants Americredit Financial Services, Inc. dba GM Financial, erroneously sued as General Motors Financial Company, Inc. (“GM Financial”) and NBA Automotive, Inc. (“NBA Auto”). Defendant GM Financial filed an Answer on November 30, 2020. Following Defendant NBA Auto’s failure to respond, default was entered against it on December 8, 2020. No default judgment has been entered.

Defendant NBA Auto filed the instant Motion to Set Aside Entry of Default and Default Judgment (the “Motion”) on February 10, 2021. Plaintiff filed a non-opposition brief and request for attorney’s fees on March 19, 2021.

  1. Legal Standard & Discussion

Defendant NBA Auto seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., pp. 3-4.) 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 Auto’s Motion is timely and is accompanied by a copy of its proposed Answer. (Mot., McCreary Decl., ¶ 4, Exh. A.) It seeks to set aside the default entered on December 8, 2020 due to Defendant’s counsel’s excusable neglect and inadvertence. (Mot., p. 3:3-15.) Specifically, counsel states that after he received a copy of the Complaint, he prepared an answer on behalf of Defendant NBA Auto. (Id., McCreary Decl., ¶ 3.) He mistakenly believed he filed the Answer but did not do so. (Id.) As a result, default was entered. (Id.)

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

“The court shall, whenever relief is granted based on an attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.” (Code Civ. Proc., § 473, subd. (b).) Plaintiff seeks to recover fees of $972.45 based on 2.4 hours of attorney time billed at $350.00 per hour. (3/19/21 Dahl Decl., ¶ 8.) Plaintiff also seeks costs of $132.45, based on a service of process fee of $75.00, three e-filing fees of $42.45, and one remote appearance fee of $15.00. (Id. at ¶ 9.) However, the Court finds the amount requested to be excessive given the simplicity of Plaintiff’s non-opposition brief. The Court finds $657.45, based on 1.5 hours of attorney time and costs of $132.45, to be reasonable. The Court denies Plaintiff’s request to issue additional sanctions of $1,000.00 pursuant to Code of Civil Procedure section 473, subdivision (c). (3/19/21 Non-opposition Brief, p. 2:17-21.)

  1. Conclusion & Order

For the foregoing reasons, Defendant NBA Automotive, Inc.’s Motion to Set Aside Default is GRANTED. The default entered against Defendant NBA Automotive, Inc. on December 8, 2020 is HEREBY VACATED. In addition, Defendant NBA’s Counsel Duncan McCreary is ordered to pay Plaintiff’s counsel attorney’s fees of $657.45 within thirty (30) days of service of this order.

Moving party is ordered to give notice.

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