This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 19:26:54 (UTC).

WESTLAKE SERVICES, LLC VS SOUTHERN AUTO SALES & RENTAL INC.,, ET AL.

Case Summary

On 03/07/2018 WESTLAKE SERVICES, LLC filed a Contract - Other Contract lawsuit against SOUTHERN AUTO SALES RENTAL INC . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3773

  • Filing Date:

    03/07/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Defendants

BAUM ALVIN

BAUM JAMES

SOUTHERN AUTO SALES & RENTAL INC.

Attorney/Law Firm Details

Plaintiff Attorney

YADEGARI ARASH E.

 

Court Documents

Complaint

3/7/2018: Complaint

Civil Case Cover Sheet

3/7/2018: Civil Case Cover Sheet

Summons - on Complaint

3/7/2018: Summons - on Complaint

Proof of Personal Service

4/20/2018: Proof of Personal Service

Proof of Personal Service

5/3/2018: Proof of Personal Service

Proof of Service by Substituted Service

4/20/2018: Proof of Service by Substituted Service

Notice of Case Assignment - Limited Civil Case

3/7/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 03/10/2021
  • 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

    Read MoreRead Less
  • 09/04/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 05/03/2018
  • DocketProof of Personal Service; Filed by: Westlake Services, LLC (Plaintiff); As to: Southern Auto Sales & Rental Inc., (Defendant); Service Date: 04/09/18; Service Cost: 175.00; Service Cost Waived: No

    Read MoreRead Less
  • 04/20/2018
  • DocketProof of Service by Substituted Service; Filed by: Westlake Services, LLC (Plaintiff); As to: Alvin Baum (Defendant); Proof of Mailing Date: 04/03/18; Service Cost: 175.00; Service Cost Waived: No

    Read MoreRead Less
  • 04/20/2018
  • DocketProof of Personal Service; Filed by: Westlake Services, LLC (Plaintiff); As to: James Baum (Defendant); Service Date: 04/03/18; Service Cost: 175.00; Service Cost Waived: No

    Read MoreRead Less
  • 03/07/2018
  • DocketComplaint; Filed by: Westlake Services, LLC (Plaintiff); As to: Southern Auto Sales & Rental Inc., (Defendant); Alvin Baum (Defendant); James Baum (Defendant)

    Read MoreRead Less
  • 03/07/2018
  • DocketCivil Case Cover Sheet; Filed by: Westlake Services, LLC (Plaintiff)

    Read MoreRead Less
  • 03/07/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 03/07/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 03/07/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

    Read MoreRead Less
  • 03/07/2018
  • DocketNon-Jury Trial scheduled for 09/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less
  • 03/07/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/10/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC03773    Hearing Date: September 24, 2020    Dept: 26

Westlake Services, LLC v. Southern Auto Sales and Rentals, Inc., et al. MOTION TO VACATE ENTRY OF DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendants Southern Auto Sales and Rentals, Inc., Alvin Baum and James Baum’s Motion to Vacate Default is GRANTED. THE DEFAULT ENTERED ON AUGUST 30, 2019 IS HEREBY VACATED. DEFENDANTS ARE TO FILE AND SERVE THEIR ANSWER WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On March 7, 2018, Plaintiff Westlake Services, LLC (“Plaintiff”) filed the instant action for breach of contract against Defendants Southern Auto Sales and Rentals, Inc., Alvin Baum and James Baum (“Defendants”). Following their failure to file a responsive pleading, Plaintiff entered default against all Defendants on August 30, 2019.

Defendants filed the instant Motion to Vacate Entry of Default on November 22, 2019. To date, no opposition has been filed.

Discussion

Defendants move for relief from the default judgment 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 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. (Code Civ. Proc., § 473, subd. (b).)

The Motion was filed less than six months after entry of default, making it timely under the moving statute. It is also accompanied by declarations from Defendants James Baum and Alvin Baum. Both individual Defendants declare that not being familiar with California legal process they gave the Summons and Complaint to their attorney, Michael D. Kmetz (“Kmetz”) and asked him to defend the action. (Motion, James Baum Decl., ¶¶2-3; Alvin Baum Decl., ¶¶2-3.) It was not until receipt of the Request for Entry of Default on August 30, 2019 that Defendants realized Kmetz had taken no action on the case. (Motion, James Baum Decl., ¶¶4-5; Alvin Baum Decl., ¶¶4-5.) It was also at this time that Defendants learned Kmezt had been suspended from the practice of law since June 2019. (Motion, James Baum Decl., ¶5 and Exh. 1; Alvin Baum Decl., ¶5 and Exh. 1.) Defendants then retained current counsel in September 2019. (Motion, James Baum Decl., ¶6; Alvin Baum Decl., ¶6.)

Defendants’ declarations demonstrate that the defaults were entered as a result of their surprise that Kmetz had not done anything to defend the action and their excusable neglect in failing to follow-up with Kmetz after giving him the Summons and Complaint. In fact, Plaintiff does not oppose the request to vacate the entry of default. Finally, the Motion is accompanied by a copy of Defendants’ proposed Answer to the Complaint. (Motion, Exh. 1.)

Conclusion

Defendants Southern Auto Sales and Rentals, Inc., Alvin Baum and James Baum’s Motion to Vacate Default is GRANTED. THE DEFAULT ENTERED ON AUGUST 30, 2019 IS HEREBY VACATED. DEFENDANTS ARE TO FILE AND SERVE THEIR ANSWER WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Southern Auto Sales, Inc. is a litigant

Latest cases where WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES A LIMITED LIABILITY COMPANY is a litigant

Latest cases represented by Lawyer YADEGARI ARASH E.