This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 18:03:37 (UTC).

WESTLAKE SERVICES, LLC VS E-Z CAR CREDIT, INC., ET AL.

Case Summary

On 02/26/2018 a Contract - Other Contract case was filed by WESTLAKE SERVICES, LLC against E-Z CAR CREDIT, INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3238

  • Filing Date:

    02/26/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Plaintiff

WESTLAKE SERVICES LLC

Defendants

VANDERFORD WILLIAM

HEDGES ROBIN

E-Z CAR CREDIT INC.

 

Court Documents

Summons - on Complaint

2/26/2018: Summons - on Complaint

Complaint

2/26/2018: Complaint

Civil Case Cover Sheet

2/26/2018: Civil Case Cover Sheet

Proof of Personal Service

4/9/2018: Proof of Personal Service

Notice of Rejection - Pleadings

6/20/2018: Notice of Rejection - Pleadings

Notice of Rejection - Pleadings

6/20/2018: Notice of Rejection - Pleadings

Request for Entry of Default / Judgment

7/3/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

7/16/2018: Notice of Rejection Default/Clerk's Judgment

Proof of Personal Service

7/16/2018: Proof of Personal Service

Proof of Personal Service

7/17/2018: Proof of Personal Service

Notice of Rejection - Pleadings

8/15/2018: Notice of Rejection - Pleadings

Notice of Case Assignment - Limited Civil Case

2/26/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 03/01/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 08/26/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 08/15/2018
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

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  • 07/17/2018
  • DocketProof of Personal Service; Filed by: Westlake Services, LLC (Plaintiff); As to: E-Z Car Credit, Inc. (Defendant); Service Date: 05/25/18; Service Cost: 395.00; Service Cost Waived: No

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  • 07/16/2018
  • DocketProof of Personal Service; Filed by: Westlake Services, LLC (Plaintiff); As to: William Vanderford (Defendant); Service Date: 05/25/2018; Service Cost: 295.00; Service Cost Waived: No

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  • 07/16/2018
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 07/03/2018
  • DocketRequest for Entry of Default / Judgment; Filed by: Westlake Services, LLC (Plaintiff); As to: Robin Hedges (Defendant)

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  • 07/03/2018
  • Docket; Default not entered as to Robin Hedges; On the Complaint filed by Westlake Services, LLC on 02/26/2018

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  • 06/20/2018
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

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  • 04/09/2018
  • DocketProof of Personal Service; Filed by: Westlake Services, LLC (Plaintiff); As to: Robin Hedges (Defendant); Service Date: 03/21/18; Service Cost: 175.00; Service Cost Waived: No

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  • 02/26/2018
  • DocketComplaint; Filed by: Westlake Services, LLC (Plaintiff); As to: E-Z Car Credit, Inc. (Defendant); William Vanderford (Defendant); Robin Hedges (Defendant)

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  • 02/26/2018
  • DocketCivil Case Cover Sheet; Filed by: Westlake Services, LLC (Plaintiff)

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  • 02/26/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/26/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/26/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse

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  • 02/26/2018
  • DocketNon-Jury Trial scheduled for 08/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/26/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC03238    Hearing Date: March 02, 2020    Dept: 25

MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473.5)

TENTATIVE RULING:

Defendant Robbin Hedges’ Motion to Vacate Entry of Default and/or Judgment is PLACED OFF CALENDAR.

ANALYSIS:

  1. Background & Discussion

On February 26, 2018, Plaintiff Westlake Financial Services, LLC (“Plaintiff”) filed an action for breach of contract and common counts against Defendants E-Z Car Credit, Inc., William Vanderford, and Robbin Hedges (“Hedges”) (collectively, “Defendants”). On August 24, 2019, default was entered as to Defendant Hedges. On October 30, 2019, default judgment was entered against Defendants in the amount of $24,951.63. (10/30/19 Judgment.)

On November 27, 2019, Defendant Hedges filed the instant Motion to Vacate Entry of Default and/or Default Judgment (the “Motion”). The initial hearing was continued because the proof of service was defective and because Defendant Hedges filed the moving papers with the Court only seven days before the hearing in violation of Code of Civil Procedure section 1005. (12/10/19 Minute Order.) Defendant Hedges was ordered to file an amended proof of service. (Id.)

Defendant Hedges has not filed an amended proof of service as ordered. Accordingly, the Motion is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Defendant Robbin Hedges’ Motion to Set Aside Default and/or Default Judgment is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 18STLC03238    Hearing Date: December 10, 2019    Dept: 94

Defendant Allan Robbin Hedges’ Motion to Vacate Entry of Default and/or Judgment is CONTINUED to March 2, 2020 at 10:30 am.

I. Background
On February 26, 2018, Plaintiff Westlake Services, LLC (“Plaintiff”) filed a complaint for breach of contract and common counts against E-Z Car Credit, Inc. (“EZ”), William Vanderford (“Vanderford”), and Robbin Hedges (“Defendant Hedges”). Defendant Hedges. On October 4, 2019, Plaintiff filed a Request for Entry of Default against EZ and Vanderford and Court Judgement against EZ, Vanderford, and Defendant Hedges. On October 30, 2019, Judgement was entered against EZ, Vanderford, and Defendant Hedges. 
On November 27, 2019, Defendant Hedges filed this Motion to Vacate Entry of Default and/or Judgement (the “Motion”). As of December 10, 2019, no opposition or reply briefs have been filed. 
II. Requirements 
1. Service Requirement
Code of Civil Procedure section 1013 requires that when notice is served by mail, “the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party's place of residence.” (Code Civ. Proc., § 1013, subd. (a).) 
Here, Defendant provides a proof of service dated November 8, 2019 that does not indicate how the Motion was served on Plaintiff. (Mot., Proof of Service.) Indeed, the boxes indicating service by mail are left blank. (Id.)
Thus, the proof of service is defective. Defendant is ordered to submit a proper proof of service indicating how Plaintiff was served with this Motion. 
2. Filing Requirement 
Code of Civil Procedure section 1005 requires that “all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc., § 1005, subd. (b).) When the notice is served by mail, “the required 16-day period of notice before the hearing shall be increased by five days.” (Id.)
Here, Defendant filed this Motion on November 27, 2019, only seven days before the hearing. Plaintiff has not complied with section 1005. Seven days does not give the Court enough time to review the papers submitted. 
III. Conclusion & Order 
For the stated reasons above, Defendant Allan Robbin Hedges’ Motion to Vacate Entry of Default and/or  Judgment is CONTINUED to March 2, 2020 at 10:30 am. Defendant is ordered to correct the deficiencies addressed here in. 
 
Moving parties are ordered to give notice. 
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.