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This case was last updated from Los Angeles County Superior Courts on 06/12/2021 at 01:24:52 (UTC).

WESTLAKE SERVICES, LLC VS TANISHA D WEBB

Case Summary

On 02/13/2019 WESTLAKE SERVICES, LLC filed a Contract - Other Contract lawsuit against TANISHA D WEBB. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1501

  • Filing Date:

    02/13/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Defendant

WEBB TANISHA D AKA TANISHA DENISE WEBB

Attorney/Law Firm Details

Plaintiff Attorney

ALEXANDRYAN EDIT

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

6/7/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/07/2021

6/7/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/07/2021

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 05/03/2021

5/3/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 05/03/2021

Judgment - Judgment Judgment By Court By Default

1/25/2021: Judgment - Judgment Judgment By Court By Default

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

1/28/2021: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Proof of Service by Mail - Proof of Service by Mail

2/3/2021: Proof of Service by Mail - Proof of Service by Mail

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

12/31/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration (name extension) - Declaration Declaration in Support of Accrued Interest Calculation

12/31/2020: Declaration (name extension) - Declaration Declaration in Support of Accrued Interest Calculation

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

12/31/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

1/7/2021: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

Proof of Service by Substituted Service - Proof of Service by Substituted Service

9/28/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/06/2020

8/6/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/06/2020

Minute Order - Minute Order (Court Order)

8/6/2020: Minute Order - Minute Order (Court Order)

First Amended Standing Order - First Amended Standing Order

2/13/2019: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

2/13/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

2/13/2019: Complaint - Complaint

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

2/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 06/07/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 06/07/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/07/2021; Filed by: Clerk

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  • 06/07/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 06/07/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 06/07/2021

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  • 05/03/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 06/07/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 05/03/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 05/03/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 05/03/2021; Filed by: Clerk

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  • 05/03/2021
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 05/03/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 06/07/2021 10:30 AM

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  • 02/03/2021
  • DocketProof of Service by Mail; Filed by: Tanisha D Webb (Defendant); As to: Westlake Services, LLC (Plaintiff); After Substituted Service of Summons & Complaint ?: No

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  • 01/28/2021
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: Tanisha D Webb (Defendant)

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  • 01/28/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 05/03/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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16 More Docket Entries
  • 08/06/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/12/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 08/06/2020

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  • 02/13/2019
  • DocketComplaint; Filed by: Westlake Services, LLC (Plaintiff); As to: Tanisha D Webb (Defendant)

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  • 02/13/2019
  • DocketSummons on Complaint; Issued and Filed by: Westlake Services, LLC (Plaintiff); As to: Tanisha D Webb (Defendant)

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  • 02/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Westlake Services, LLC (Plaintiff); As to: Tanisha D Webb (Defendant)

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  • 02/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Westlake Services, LLC (Plaintiff); As to: Tanisha D Webb (Defendant)

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  • 02/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/13/2019
  • DocketNon-Jury Trial scheduled for 08/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/13/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/13/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC01501    Hearing Date: June 7, 2021    Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

MOVING PARTY: Defendant Tanisha Webb, in pro per

RESP. PARTY: None

MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Tanisha Webb’s Motion to Set Aside Default and Default Judgment is PLACED OFF CALENDAR.

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 June 3, 2021 [ ] Late [X] None

REPLY: None filed as of June 3, 2021 [ ] Late [X] None

ANALYSIS:

I. Background & Discussion

Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) filed an action alleging breach of contract against Defendant Tanisha Webb aka Tanisha Denise Webb (“Defendant”) on February 13, 2019.

Plaintiff filed a proof of service demonstrating that Defendant was sub-served with the Summons and Complaint by G. Loyola, a registered process server, on August 18, 2020 at 512 Sunflower, Lake Forest CA 92630 by leaving the documents with “Jane Doe” described as an African American woman in her 40s, 5’6” tall, 135 lbs. with black hair. (9/28/20 Proof of Service.) The proof of service includes a declaration of mailing indicating the Summons and Complaint were mailed to Defendant at the Sunflower Address as well as a declaration of due diligence. (Id.)

Following Defendant’s failure to respond to the Complaint, default was entered against her on December 31, 2020. A default judgment of $7,434.43 was entered on January 25, 2021.

Defendant filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”) in pro per.

At the initial May 3 hearing, the Court found the Motion was not properly served. (5/3/21 Minute Order.) The Court also explained additional briefing and evidence was necessary to support Defendant’s request to set aside the default and default judgment. (Id.) Defendant was ordered to file and serve supplemental papers addressing the noted deficiencies. (Id.)

To date, Defendant has not filed supplemental papers as requested. Accordingly, the Motion is PLACED OFF CALENDAR.

II. Conclusion & Order

For the foregoing reasons, Defendant Tanisha Webb’s Motion to Set Aside Default and Default Judgment is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 19STLC01501    Hearing Date: May 3, 2021    Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

MOVING PARTY: Defendant Tanisha Webb

RESP. PARTY: None

MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473, 473.5; Equitable Powers)

TENTATIVE RULING:

Defendant Tanisha Webb’s Motion to Set Aside Default and Default Judgment is CONTINUED TO June 7, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. Defendant is ordered to properly serve Plaintiff with the moving papers at least 16 court days before the next scheduled hearing. Defendant must also file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or 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 April 30, 2021 [ ] Late [X] None

REPLY: None filed as of April 30, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

Plaintiff Westlake Financial Services, LLC dba Westlake Financial Services (“Plaintiff”) filed an action alleging breach of contract against Defendant Tanisha Webb aka Tanisha Denise Webb (“Defendant”) on February 13, 2019.

Plaintiff filed a proof of service demonstrating that Defendant was sub-served with the Summons and Complaint by G. Loyola, a registered process server, on August 18, 2020 at 512 Sunflower, Lake Forest CA 92630 by leaving the documents with “Jane Doe” described as an African American woman in her 40s, 5’6” tall, 135 lbs. with black hair. (9/28/20 Proof of Service.) The proof of service includes a declaration of mailing indicating the Summons and Complaint were mailed to Defendant to the Sunflower Address as well as a declaration of due diligence. (Id.)

Following Defendant’s failure to respond to the Complaint, default was entered against her on December 31, 2020. A default judgment of $7,434.43 was entered on January 25, 2021.

Defendant filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”) in pro per on January 28, 2021. No opposition was filed.

II. Legal Standard & Discussion

As an initial matter, the Court notes the Motion was not properly served on Plaintiff. Defendant filed a proof of service indicating she served the Motion herself but this is impermissible. Code of Civil Procedure section 1013a requires that a person not a party to the action effectuate service. Defendant is ordered to properly serve Plaintiff with the moving papers.

For the sake of completeness, the Court also notes that Defendant’s Motion does not demonstrate she is entitled to relief. Defendant’s Motion consists of 5 pages of citations to legal authority but does not apply the law cited to the facts of this case. (Mot., pp. 3-7.)

Defendant argues she lacked actual notice of the action in time to defend, but she admits in her Motion that she was served on August 18, 2020. (Mot., 3:2-4; p. 8, ¶ 1.) A defendant has forty (40) days to respond to the Complaint when a defendant is sub-served. (Code Civ. Proc., §§ 412.20, subd. (a)(3); 415.20, subd. (b).) Thus, Defendant had to respond to the Complaint no later than September 27, 2020. She did not do so. Thus, the default and default judgment were properly entered against her.

However, Defendant may be entitled to set aside the default and default judgment under Code of Civil Procedure section 473, subdivision (b). An application for relief under Section 473, subdivision (b), must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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.) In addition, an application for relief under this section “shall be accompanied by a copy of the answer or other pleading proposed to be filed herein, otherwise the application shall not be granted.” (Code Civ. Proc., § 473, subd. (b).)

Defendant may also be able to obtain relief pursuant to the Court’s equitable powers. “When a default judgment has been obtained, equitable relief may be given only in exceptional circumstances.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981.) (Italics in original.) “Even where relief is no longer available under statutory provisions, a trial court generally retains the inherent power to vacate a default judgment…where a party establishes that the judgment or order was void for lack of due process or resulted from extrinsic fraud or mistake.” (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1228.) “To set aside a judgment based upon extrinsic mistake one must satisfy three elements. First, the defaulted party must demonstrate that it has a meritorious case. Second, the party seeking to set aside the default must articulate a satisfactory excuse for not presenting a defense to the original action. Last, the moving party must demonstrate diligence in seeking to set aside the default once ... discovered.” (Id., at p. 982.)

Extrinsic fraud occurs when a party is deprived of the opportunity to present a claim or defense because it was kept in ignorance or was in some other way fraudulently prevented from participating in the proceeding by the opposing party. (County of San Diego v. Gorham (2010) 186 Cal.App.4th at p. 1228-29.) Extrinsic mistake is “a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on the merits.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975 at p. 981.) “A false return of summons may constitute both extrinsic fraud and mistake” and when a judgment is based on a false return of summons, the court has the inherent power to set the judgment aside, even if the statutory period to get aside judgment on other grounds has run. (County of San Diego v. Gorham (2010) 186 Cal.App.4th at p. 1229.)

Defendant cites authority stating that improper service voids a subsequent default or default judgment for lack of jurisdiction. (Mot., pp. 5:23-7:15.) However, she argues no facts and provides no evidence demonstrating why service was improper and void.

“A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action. The form of a summons is prescribed by law, and this form must be substantially observed. [Citation.] Service of a substantially defective summons does not confer jurisdiction over a party [citation] and will not support a default judgment. [Citation.]” (MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557.) “Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.’ [Citation.]” (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858, emphasis added.)

A trial court has the inherent power to set aside a judgment void on its face at any time. (Connelly v. Castillo (1987) 190 Cal.App.3d 1583, 1588.) When considering the facial validity of a judgment, the Court may only consider the contents of the judgment roll. (OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318, 1327 (holding that “[t]o prove that the judgment is void, the party challenging the judgment is limited to the judgment roll, i.e., no extrinsic evidence allowed.”).) If the judgment is not void on its face, the time limitations of Code of Civil Procedure section 473.5 apply. (Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180-81; Schekel v. Resnik (1994) 27 Cal.App.4th Supp. 1, 3-4 (“[t]he Rogers court held that the time limitation set forth in Code of Civil Procedure section 473.5 applies by analogy to motions for relief from default judgment valid on its face but otherwise void for improper service” [citing Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1124.]).)

Defendant prefaces her Motion by stating that she surrendered a vehicle to Plaintiff in 2016, that she attempted to contact Plaintiff in 2017 regarding her account, that she is currently a full-time student and mom, that she is experiencing financial hardship due to the pandemic, and that Plaintiff had her email address, post office box address, and the contact information of 2 of her family members. (Mot., p. 2:8-21.) These statements, however, do not demonstrate she is entitled to relief. As previously noted, Defendant admits she was served with the Summons and Complaint on August 18, 2020, the same date stated on Plaintiff’s proof of service.

Similarly, Defendant has not demonstrated why she is entitled to relief under Civil Code section 1788.61.

Thus, Defendant is also ordered to file supplemental papers, including documentary evidence, demonstrating she is entitled to relief.

III. Conclusion & Order

For the foregoing reasons, Defendant Tanisha Webb’s Motion to Set Aside Default and Default Judgment is CONTINUED TO June 7, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. Defendant is ordered to properly serve Plaintiff with the moving papers at least 16 court days before the next scheduled hearing. Defendant must also file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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