This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 08:20:33 (UTC).

TARA MCGUINNESS VS YUNLAN LAN

Case Summary

On 11/01/2019 TARA MCGUINNESS filed a Contract - Other Contract lawsuit against YUNLAN LAN. 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:

    *******0122

  • Filing Date:

    11/01/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

MCGUINNESS TARA

Defendant

LAN YUNLAN

Attorney/Law Firm Details

Plaintiff Attorney

MCGUINNESS TARA PATRICIA

 

Court Documents

Opposition (name extension) - Opposition PLAINTIFF'S OPPOSITION TO MOTION TO SET ASIDE ENTRY OF DEFAULT

10/13/2020: Opposition (name extension) - Opposition PLAINTIFF'S OPPOSITION TO MOTION TO SET ASIDE ENTRY OF DEFAULT

Proof of Service by Mail - Proof of Service by Mail

10/15/2020: Proof of Service by Mail - Proof of Service by Mail

Other - (name extension) - Other - Supplemental document

9/28/2020: Other - (name extension) - Other - Supplemental document

Proof of Service by Mail - Proof of Service by Mail

9/28/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

8/11/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 08/11/2020

8/11/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 08/11/2020

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

7/7/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint) Proof of Electronic Service

Minute Order - Minute Order (Court Order)

6/30/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/30/2020

6/30/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/30/2020

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

6/16/2020: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

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

5/18/2020: 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

4/9/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

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

3/9/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

3/9/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Civil Case Cover Sheet - Civil Case Cover Sheet

11/1/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

11/1/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

11/1/2019: First Amended Standing Order - First Amended Standing Order

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

11/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 10/21/2020
  • Hearing10/21/2020 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)

    Read MoreRead Less
  • 10/15/2020
  • DocketProof of Service by Mail; Filed by: Yunlan Lan (Defendant); As to: Tara McGuinness (Plaintiff); After Substituted Service of Summons & Complaint ?: No

    Read MoreRead Less
  • 10/13/2020
  • DocketOpposition PLAINTIFF'S OPPOSITION TO MOTION TO SET ASIDE ENTRY OF DEFAULT; Filed by: Tara McGuinness (Plaintiff)

    Read MoreRead Less
  • 09/28/2020
  • DocketProof of Service by Mail; Filed by: Yunlan Lan (Defendant); After Substituted Service of Summons & Complaint ?: No

    Read MoreRead Less
  • 09/28/2020
  • DocketOther - Supplemental document; Filed by: Yunlan Lan (Defendant)

    Read MoreRead Less
  • 08/11/2020
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 10/21/2020 at 10:00 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 08/11/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

    Read MoreRead Less
  • 08/11/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 08/11/2020; Filed by: Clerk

    Read MoreRead Less
  • 08/11/2020
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 08/11/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 10/21/2020 10:00 AM

    Read MoreRead Less
  • 07/07/2020
  • DocketProof of Service (not Summons and Complaint) Proof of Electronic Service; Filed by: Yunlan Lan (Defendant); As to: Tara McGuinness (Plaintiff)

    Read MoreRead Less
22 More Docket Entries
  • 03/09/2020
  • DocketRequest for Dismissal; Filed by: Tara McGuinness (Plaintiff)

    Read MoreRead Less
  • 01/21/2020
  • DocketProof of Personal Service; Filed by: Tara McGuinness (Plaintiff); As to: Yunlan Lan (Defendant); Service Date: 01/18/2020; Service Cost: 80.00; Service Cost Waived: No

    Read MoreRead Less
  • 11/04/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/04/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 11/04/2019
  • DocketNon-Jury Trial scheduled for 04/30/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 11/04/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 11/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 11/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/01/2019
  • DocketSummons on Complaint; Issued and Filed by: Tara McGuinness (Plaintiff); As to: Yunlan Lan (Defendant)

    Read MoreRead Less
  • 11/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Tara McGuinness (Plaintiff); As to: Yunlan Lan (Defendant)

    Read MoreRead Less
  • 11/01/2019
  • DocketComplaint; Filed by: Tara McGuinness (Plaintiff); As to: Yunlan Lan (Defendant)

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC10122    Hearing Date: August 11, 2020    Dept: 26

McGuiness v. Lan, et al.

MOTION TO SET ASIDE DEFAULT & DEFAULT JUDGMENT

(C.C.P. §§ 473(d), 473.5)

TENTATIVE RULING  Defendant Yunlan Lan’s Motion to Vacate Judgment is CONTINUED TO OCTOBER 21, 2020 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. NIED.

ANALYSIS:

Plaintiff Tara McGuiness (“Plaintiff”) filed the instant action for breach of attorney-client retainer agreement against Defendant Yunlan Lan (“Defendant”) on November 1, 2019. The court entered default against Defendant on March 9, 2020 and default judgment on June 30, 2020. Defendant filed the instant Motion to Vacate Default (“the Motion”) on June 19, 2020. To date, no opposition has been filed.

Discussion

Defendant brings the instant Motion to Vacate Judgment. The Court notes that the Motion does not set forth the legal basis for the relief sought. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)

Based on the foregoing defects, Defendant Yunlan Lan’s Motion to Vacate Judgment is CONTINUED TO OCTOBER 21, 2020 AT 10:00 A.M. IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT IS TO FILE AND SERVE SUPPLEMENTAL PAPERS SETTING FORTH THE LEGAL BASIS OF THE REQUEST TO VACATE THE DEFAULT AND JUDGMENT. PROOF OF SERVICE OF THE SAME IS TO BE FILED CONCURRENTLY. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED. ANY OPPOSITION AND REPLY PAPERS FILED MUST COMPLY WITH THE NOTICE REQUIREMENTS OF THE CODE OF CIVIL PROCEDURE.

Court clerk to give notice.