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This case was last updated from Los Angeles County Superior Courts on 02/28/2021 at 07:49:57 (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

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

10/30/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Motion re: (name extension) - Motion re: reconsideration

10/30/2020: Motion re: (name extension) - Motion re: reconsideration

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

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

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

14 More Documents Available

 

Docket Entries

  • 06/03/2021
  • Hearing06/03/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Reconsideration

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  • 10/30/2020
  • DocketMotion re: reconsideration; Filed by: Yunlan Lan (Defendant)

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  • 10/30/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Yunlan Lan (Defendant); As to: Tara McGuinness (Plaintiff)

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  • 10/30/2020
  • DocketHearing on Motion for Reconsideration scheduled for 06/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 10/21/2020
  • DocketUpdated -- Motion to Vacate Petitioner's Motion to Vacate Judgment: Filed By: Yunlan Lan (Defendant); Result: Denied; Result Date: 10/21/2020

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  • 10/21/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

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  • 10/21/2020
  • 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 updated: Result Date to 10/21/2020; Result Type to Held - Motion Denied

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  • 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

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

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

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28 More Docket Entries
  • 03/09/2020
  • DocketOn the Complaint filed by Tara McGuinness on 11/01/2019, entered Request for Dismissal without prejudice filed by Tara McGuinness, does 1-10

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  • 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

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

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  • 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

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

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

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

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

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

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

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Tentative Rulings

Case Number: 19STLC10122    Hearing Date: October 21, 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 DENIED.

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.

The Motion initially came for hearing on August 11, 2020. At that time, the Court continued the hearing and ordered Defendant to file and serve supplemental papers setting forth the legal basis of the request to vacate the default and judgment. (Minute Order, 8/11/20.) Defendant filed a supplemental brief on September 28, 2020. Plaintiff filed an opposition on October 13, 2020.

Discussion

Defendant brings the instant Motion to Vacate 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 was timely brought less than six months after entry of default in March 2020. It was also brought within a reasonable time: little more than three months after entry of default. The Motion is also supported by a declaration wherein Defendant declares that she moved due to a long commute and was unaware of any papers served prior to May 2020. (Motion, Supp. Lan Decl., p. 3:8-10.) Defendant, however, does not address the proof of personal service of Summons and Complaint, which is signed by a registered process server and entitled to a presumption of validity. (Proof of Service, filed 1/21/20, ¶7; Cal. Evid. Code, § 647.) Defendant offers no information regarding where she was living at the time of service or why the papers were apparently personally handed to her. Simply disclaiming service is no sufficient to carry Defendant’s burden of proof.

Defendant, therefore, has not demonstrated that she was taken by surprise by the entry of default and default judgment.

Finally, a motion brought under Code of Civil Procedure section 473, subdivision (b) must also be accompanied by a copy of the moving party’s responsive pleading. Here, Defendant does not attach his proposed responsive pleading as required.

Conclusion

Defendant Yunlan Lan’s Motion to Vacate Judgment is DENIED.

Court clerk to give notice.

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.

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