This case was last updated from Los Angeles County Superior Courts on 08/14/2020 at 05:09:19 (UTC).

U.S. FOODS, VS PHAT & JUICY CHICKEN AND WAFFLE, INC.,, ET AL.

Case Summary

On 09/19/2018 U S FOODS filed a Contract - Other Contract lawsuit against PHAT JUICY CHICKEN AND WAFFLE, 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 JON R. TAKASUGI. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1933

  • Filing Date:

    09/19/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

U.S. FOODS FKA U.S. FOODSERVICE INC. A CORPORATION

Defendants

PHAT & JUICY CHICKEN AND WAFFLE INC. DBA PHAT & JUICY CHICKEN AND WAFFLES

PAUL DAVID

Attorney/Law Firm Details

Plaintiff Attorney

GARWACKI RAYMOND DANIEL JR

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

8/12/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/2/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

7/8/2020: Proof of Service by Mail - Proof of Service by Mail

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Opposition to Claim of Exemption - Notice of Opposition to Claim of Exemption

12/19/2019: Notice of Opposition to Claim of Exemption - Notice of Opposition to Claim of Exemption

Certificate of Mailing for - Certificate of Mailing for (Hearing on Claim of Exemption/Third-Party Claim) of 01/24/2020

1/24/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Claim of Exemption/Third-Party Claim) of 01/24/2020

Minute Order - Minute Order (Hearing on Claim of Exemption/Third-Party Claim)

1/24/2020: Minute Order - Minute Order (Hearing on Claim of Exemption/Third-Party Claim)

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

2/4/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Writ of Execution - Writ of Execution (Los Angeles)

8/30/2019: Writ of Execution - Writ of Execution (Los Angeles)

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

4/18/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

6/11/2019: Request for Dismissal - Request for Dismissal

Declaration (name extension) - Declaration re: Lost Agreement/Contract

6/11/2019: Declaration (name extension) - Declaration re: Lost Agreement/Contract

Declaration (name extension) - Declaration re: Accrued Interest

6/11/2019: Declaration (name extension) - Declaration re: Accrued Interest

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

6/11/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration (name extension) - Declaration of Non Service

10/15/2018: Declaration (name extension) - Declaration of Non Service

Notice of Case Assignment - Limited Civil Case

9/19/2018: Notice of Case Assignment - Limited Civil Case

22 More Documents Available

 

Docket Entries

  • 08/12/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

    Read MoreRead Less
  • 08/12/2020
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 08/12/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/12/2020; Result Type to Held - Motion Denied

    Read MoreRead Less
  • 07/08/2020
  • DocketProof of Service by Mail; Filed by: U.S. Foods, (Plaintiff); As to: Phat & Juicy Chicken and Waffle, Inc., (Defendant); David Paul (Defendant)

    Read MoreRead Less
  • 07/02/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 07/02/2020
  • DocketThere being no judge available this date, Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 07/09/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/12/2020 10:00 AM

    Read MoreRead Less
  • 06/11/2020
  • DocketUpdated -- Writ of Execution (Los Angeles): Filed By: U.S. Foods, (Plaintiff); Result: Returned and Filed; Result Date: 06/11/2020

    Read MoreRead Less
  • 06/11/2020
  • DocketWrit - Return ( Unsatisfied);; Costs Credits: 0.00; Interest Credits: 0.00; Principal Credits: 0.00; Possession: Yes; Judgment Satisfaction Type: Unsatisfied

    Read MoreRead Less
  • 03/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 03/24/2020
  • DocketThere being no judge available this date, Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 04/13/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/09/2020 10:30 AM

    Read MoreRead Less
  • 02/04/2020
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 04/13/2020 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
36 More Docket Entries
  • 10/30/2018
  • DocketProof of Service by Substituted Service; Filed by: U.S. Foods, (Plaintiff); As to: David Paul (Defendant); Proof of Mailing Date: 10/26/2018; Service Cost: 64.50; Service Cost Waived: No

    Read MoreRead Less
  • 10/15/2018
  • DocketDeclaration of Non Service; Filed by:

    Read MoreRead Less
  • 10/15/2018
  • DocketDeclaration of Non Service; Filed by:

    Read MoreRead Less
  • 09/19/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 09/19/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 09/19/2018
  • DocketCivil Case Cover Sheet; Filed by: U.S. Foods, (Plaintiff)

    Read MoreRead Less
  • 09/19/2018
  • DocketComplaint; Filed by: U.S. Foods, (Plaintiff); As to: Phat & Juicy Chicken and Waffle, Inc., (Defendant); David Paul (Defendant)

    Read MoreRead Less
  • 09/19/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 09/19/2018
  • DocketNon-Jury Trial scheduled for 03/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 09/19/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/22/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC11933    Hearing Date: August 12, 2020    Dept: 25

HEARING DATE:    Wed., August 12, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: U.S. Foods v. Phat & Juicy Chicken & Waffles, Inc., et al.

CASE NUMBER    18STLC11933  COMP. FILED: 09-19-18

NOTICE: NO DEFAULT:  04-18-19

DEFAULT JDMT:   06-24-19

PROCEEDINGS    MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT  

MOVING PARTY:   Defendant David Paul, in pro per

RESP. PARTY: None    

MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant David Paul’s Motion to Set Aside Default and Default Judgment is DENIED.

SERVICE

[   ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[   ] Correct Address (CCP §§ 1013, 1013a) NO

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of August 10, 2020 [   ] Late [X] None

REPLY: None filed as of August 10, 2020 [   ] Late [X] None

ANALYSIS:

I. Background & Discussion

On September 19, 2018, Plaintiff U.S. Foods (“Plaintiff”) filed an action for breach of contract, open book account, account stated, reasonable value, and breach of guaranty against Defendants Phat & Juicy Chicken & Waffles, Inc. (“Phat & Juicy”) and David Paul (“Paul”). Plaintiff filed a proof of service demonstrating Paul was served with the Summons & Complaint on October 26, 2018 by substitute service. (10/30/19 Proof of Service.)

On April 18, 2019, default was entered against Defendant Paul. That same day, Plaintiff filed a request to dismiss Defendant Phat & Juicy from this action. (6/11/19 Request for Dismissal.) On June 24, 2019, default judgment was entered against Defendant Paul in the amount of $16,742.62, which included the principal amount of $11,064.41, prejudgment interest of $2,828.28, attorney’s fees of $721.93, costs of $628.00, and NSF damages in the amount of $1,500.00. (6/24/19 Judgment.)

On December 6, 2019, Defendant Paul filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”). The Court continued the initial February 4, 2020 hearing to allow Defendant Paul to submit additional evidence to support his request to set aside default judgment and requested that he file an amended proof of service correcting various errors. (2/4/20 Minute Order.) The Court also warned Defendant Paul that failure to do so could result in the Motion being placed off calendar or denied. (Id.)

To date, Defendant Paul has not filed any supplemental papers as ordered. Thus, the Motion is DENIED.

II. Conclusion & Order

For the foregoing reasons, Defendant David Paul’s Motion to Set Aside Default and Default Judgment is DENIED.

Moving party is ordered to give notice.

Case Number: 18STLC11933    Hearing Date: February 04, 2020    Dept: 25

MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

ANALYSIS:

I. Background

On September 19, 2018, Plaintiff U.S. Foods (“Plaintiff”) filed an action for breach of contract, open book account, account stated, reasonable value, and breach of guaranty against Defendants Phat & Juicy Chicken & Waffles (“Phat & Juicy”) and David Paul (“Paul”). Plaintiff filed a proof of service demonstrating Paul was served with the Summons & Complaint on October 26, 2018 by substituted service. (10/30/19 Proof of Service.)

On April 18, 2019, default was entered against Paul. That same day, Plaintiff filed a request to dismiss Phat & Juicy from this action. On June 11, 2019, default judgment was entered against Paul in the amount of $16,742.62, which included the principal amount of $11,064.41, prejudgment interest of $2,828.28, attorney’s fees of $721.93, costs of $628.00, and NSF damages in the amount of $1,500. (6/24/19 Judgment.)

On December 6, 2019, Paul filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”). To date, no opposition or reply briefs have been filed.

II. Legal Standard & Discussion

Paul alleges he was a victim of identity theft, and because of that, he did not file a timely response to the complaint. (Mot., Paul Decl., p. 1.)

Code of Civil Procedure section 473 provides that the Court may, “upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) Applications for relief under this section must be made “within a reasonable time, in no case exceeding six months…” (Id.) (Italics added.)

Default judgment, however, was entered within six months of the filing of this Motion, and thus Paul’s request to set aside default judgment is timely. However, his Motion does not allege that default judgment was entered against him due to his “mistake, inadvertence, surprise, or excusable neglect.” For example, he does not allege that he was mistaken about whether or when he had to file an answer under these circumstances. Instead, Paul discusses at length the interactions he had with a third party, Pawnee Leasing Corporation (“Pawnee”), regarding his alleged identity theft, and repeatedly states that he was erroneously named as a defendant in multiple lawsuits. (Mot., Paul Decl., pp. 1-2.) Paul may file an amended declaration that conforms to the requirements of Code of Civil Procedure section 473, subdivision (b).)

III. Conclusion & Order

Moving party is ordered to give notice.