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This case was last updated from Los Angeles County Superior Courts on 03/09/2020 at 16:10:32 (UTC).

TODD GEWANT VS PRECISE MRI CORP.

Case Summary

On 07/24/2018 TODD GEWANT filed a Contract - Business lawsuit against PRECISE MRI CORP. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9901

  • Filing Date:

    07/24/2018

  • Case Status:

    Other

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

GEWANT TODD

Defendant

PRECISE MRI CORP. DBA PRECISE IMAGING

Attorney/Law Firm Details

Plaintiff Attorney

KOURY KENNETH PIO

Defendant Attorney

GLASSMAN ARNOLD JAY

 

Court Documents

Motion to Set Aside/Vacate Judgment - Motion to Set Aside/Vacate Judgment

2/18/2020: Motion to Set Aside/Vacate Judgment - Motion to Set Aside/Vacate Judgment

Judgment - Judgment -

3/3/2020: Judgment - Judgment -

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

1/23/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Minute Order - Minute Order (Non-Jury Trial)

1/21/2020: Minute Order - Minute Order (Non-Jury Trial)

Answer

9/28/2018: Answer

Complaint

7/24/2018: Complaint

Summons - on Complaint

7/24/2018: Summons - on Complaint

Civil Case Cover Sheet

7/24/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

7/24/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 03/18/2020
  • Hearing03/18/2020 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)

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  • 03/03/2020
  • DocketJudgment -; Filed by: Todd Gewant (Plaintiff); As to: Precise MRI Corp. (Defendant)

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  • 03/03/2020
  • DocketUpdated -- Judgment -: Status changed from Filed to Signed and Filed

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  • 03/03/2020
  • DocketUpdated -- Judgment entered on 03/03/2020 ; Costs: 348.15 ; Status Date changed from 01/21/2020 to 03/03/2020 ; Status changed from Not Entered (pending submission of proposed judgment) to Entered

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  • 03/02/2020
  • DocketUpdated -- Judgment -: Filed By: Todd Gewant (Plaintiff); Result: Granted; Result Date: 03/02/2020

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  • 02/19/2020
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 03/18/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 02/18/2020
  • DocketMotion to Set Aside/Vacate Judgment; Filed by: Precise MRI Corp. (Defendant)

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  • 02/10/2020
  • DocketNon-Appearance Case Review scheduled for 02/21/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/10/2020

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  • 01/23/2020
  • DocketMemorandum of Costs (Summary); Filed by: Todd Gewant (Plaintiff); As to: Precise MRI Corp. (Defendant); Total Costs: 348.15

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  • 01/21/2020
  • DocketJudgment is to be entered for Plaintiff Todd Gewant against Defendant Precise MRI Corp. DBA Precise Imaging on the Complaint filed by Todd Gewant on 07/24/2018 for the principal amount of $10,500.00 for a total of $10,500.00. Cost to be determined per filing of Memorandum of Costs.

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3 More Docket Entries
  • 01/21/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/27/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/21/2020

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  • 10/01/2018
  • DocketAnswer; Filed by: Precise MRI Corp. (Defendant)

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  • 09/28/2018
  • DocketUpdated -- Answer: Status Date changed from 10/01/2018 to 09/28/2018; As To Parties: removed

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  • 07/24/2018
  • DocketComplaint; Filed by: Todd Gewant (Plaintiff); As to: Precise MRI Corp. (Defendant)

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  • 07/24/2018
  • DocketCivil Case Cover Sheet; Filed by: Todd Gewant (Plaintiff)

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  • 07/24/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/24/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/24/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/24/2018
  • DocketNon-Jury Trial scheduled for 01/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/24/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC09901    Hearing Date: October 05, 2020    Dept: 26

Gewant v. Precise MRI Corp., et al.

MOTION TO VACATE ENTRY OF JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Precise MRI Corporation dba Precise Imaging’s Motion to Vacate Entry of Judgment is GRANTED. PLAINTIFF TODD GEWANT IS AWARDED FEES OF $1,500.00 TO BE PAID WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

TRIAL IS RESET FOR JANUARY 15, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Todd Gewant (“Plaintiff”) filed the instant action for violation of the Telephone Consumer Protection Act and unfair business practices against Defendant Precise MRI, Corp. dba Precise Imaging (“Defendant”) on July 24, 2018. Defendant filed its Answer on September 28, 2018. Trial in this action was set for January 21, 2020. Following Defendant’s failure to appear at trial and Plaintiff’s presentation of evidence, the Court found in Plaintiff’s favor and ordered judgment to be entered in the amount of $10,500.00 plus interest and costs. Plaintiff filed a Memorandum of Costs on January 23, 2020.

Defendant filed the instant Motion to Set Aside Judgment (“the Motion”) on February 18, 2020. Judgment was entered on March 3, 2020. Plaintiff filed an opposition to the Motion on March 10, 2020 (re-filed on March 18, 2020).

Discussion

Defendant seeks relief from the order of judgment issued January 21, 2020 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 must also be accompanied by a copy of the moving party’s responsive pleading, if appropriate (Code Civ. Proc., § 473, subd. (b).)

The Motion is brought pursuant to both the permissive and mandatory bases of Code of Civil Procedure section 473, subdivision (b). (Motion, pp. 4:11-5:28; Glassman Decl., ¶¶3-8.) However, relief from entry of judgment here cannot be sought pursuant to the mandatory provision of Code of Civil Procedure section 473, subdivision (b). The Court of Appeal has explained its reasoning disapproving cases to the contrary: “the statutory language is unequivocal. ‘As expressly worded, section 473(b) applies only to relief sought in response to defaults, default judgments or dismissals.” (The Urban Wildlands Group, Inc. v. City of Los Angeles (2017) 10 Cal.App.5th 993, 1000.) Here, no default, default judgment or dismissal was entered and relief from the judgment cannot be sought under the mandatory provision of Code of Civil Procedure section 473, subdivision (b).

Insofar as relief is sought under the permissive portion of the statute, the Motion was timely brought within a reasonable time after entry of judgment and is accompanied by an affidavit of fault that demonstrates defense counsel’s computer was infected with a virus that affected the calendaring system. (Motion, Glassman Decl., ¶¶3-8.) As a result, defense counsel was unaware of the trial date and failed to appear. (Ibid.) Therefore, Defendant has demonstrated a basis for the Court to exercise its discretion to set aside the judgment.

When relief is granted based on an attorney affidavit of fault, the Court shall “direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.” (Code Civ. Proc., § 473, subd. (b).) Plaintiff is awarded costs of $1,500.00. (Opp., Gewant Decl., ¶3.)

Conclusion

Defendant Precise MRI Corporation dba Precise Imaging’s Motion to Vacate Entry of Judgment is GRANTED. PLAINTIFF TODD GEWANT IS AWARDED FEES OF $1,500.00 TO BE PAID WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

TRIAL IS RESET FOR JANUARY 15, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

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