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This case was last updated from Los Angeles County Superior Courts on 03/10/2021 at 07:56:17 (UTC).

THE LAW OFFICES OF LARRY H. PARKER, INC. VS ISRAEL RENDON, ET AL.

Case Summary

On 10/30/2020 THE LAW OFFICES OF LARRY H PARKER, INC filed a Contract - Other Contract lawsuit against ISRAEL RENDON. 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:

    *******9177

  • Filing Date:

    10/30/2020

  • 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

THE LAW OFFICES OF LARRY H. PARKER INC.

Defendants

CASILLAS KARLA

RENDON ISRAEL

Attorney/Law Firm Details

Other Attorneys

BECK RONALD

 

Court Documents

Proof of Personal Service - Proof of Personal Service

11/6/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

11/6/2020: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

10/30/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

10/30/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

10/30/2020: First Amended Standing Order - First Amended Standing Order

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

10/30/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 11/03/2023
  • Hearing11/03/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/29/2022
  • Hearing04/29/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/06/2020
  • DocketProof of Personal Service; Filed by: The Law Offices of Larry H. Parker, Inc. (Plaintiff); As to: Karla Casillas (Defendant); Service Date: 11/04/2020; Service Cost: 35.00; Service Cost Waived: No

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  • 11/06/2020
  • DocketProof of Personal Service; Filed by: The Law Offices of Larry H. Parker, Inc. (Plaintiff); As to: Israel Rendon (Defendant); Service Date: 11/04/2020; Service Cost: 75.00; Service Cost Waived: No

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  • 10/30/2020
  • DocketComplaint; Filed by: The Law Offices of Larry H. Parker, Inc. (Plaintiff); As to: Israel Rendon (Defendant); Karla Casillas (Defendant)

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  • 10/30/2020
  • DocketSummons on Complaint; Issued and Filed by: The Law Offices of Larry H. Parker, Inc. (Plaintiff); As to: Israel Rendon (Defendant); Karla Casillas (Defendant)

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  • 10/30/2020
  • DocketCivil Case Cover Sheet; Filed by: The Law Offices of Larry H. Parker, Inc. (Plaintiff); As to: Israel Rendon (Defendant); Karla Casillas (Defendant)

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  • 10/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/30/2020
  • DocketNon-Jury Trial scheduled for 04/29/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/03/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/30/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC09177    Hearing Date: May 11, 2021    Dept: 26

The Law Offices of Larry H. Parker, Inc. v. Rendon, et al.

MOTION TO VACATE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendants Israel Rendon and Karla Casillas’s Motion to Vacate Default is GRANTED.

ANALYSIS:

Plaintiff The Law Offices of Larry H. Parker, Inc. (“Plaintiff”) filed the instant action for breach of retainer agreement and common counts against Defendants Israel Rendon and Karla Casillas on October 30, 2020. Following their failure to respond, the Court entered default against Defendants on March 18, 2021.

Defendants filed the instant Motion to Vacate Default (“the Motion”) on April 14, 2021. Defendants also concurrently filed a Motion to Compel Arbitration. Plaintiff filed an opposition to the instant Motion to Vacate on April 27, 2021.

Discussion

Defendants move for relief from the default pursuant to Code of Civil Procedure section 473, subdivision (b), under which an application for relief must be made no more than six months after entry of the order from which relief is sought. (Code Civ. Proc., § 473, subd. (b).) The motion must also be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney and a copy of the moving defendant’s proposed pleading. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) Although Plaintiff complains that Defendants did not meet and confer prior to filing the Motion, there is no meet and confer requirement under this statute.

The Motion is timely brought one month after entry of default and is supported by an attorney affidavit of fault. Defense counsel declares that the deadline to file a responsive pleading was mis-calendared due to the parties being engaged in arbitration discussions. (Motion, Vasandani Decl., ¶¶12-13.) Contrary to Plaintiff’s argument, this explanation for failing to respond to the Complaint is sufficient for relief under Code of Civil Procedure section 473, subdivision (b). (Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 435-436 [“Must the attorney’s affidavit also disclose the reasons for his mistake, inadvertence, surprise, or neglect? We conclude the answer is ‘no.’”].)

While the Motion is not accompanied by a copy of Defendant’s proposed responsive pleading, Defendants filed a Motion to Compel Arbitration on April 14, 2021. A petition to compel arbitration can be filed in lieu of an answer to the Complaint. (Code Civ. Proc., § 1281.7.) Therefore, the Court finds Defendants have substantially complied with the responsive pleading requirement under Code of Civil Procedure section 473, subdivision (b).

Conclusion

Defendants Israel Rendon and Karla Casillas’s Motion to Vacate Default is GRANTED.

Moving party to give notice.

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