This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 20:35:12 (UTC).

WHITE ZUCKERMAN WARSAVSKY LUNA & HUNT, LLP VS SHALOM RUBANOWITZ

Case Summary

On 12/20/2017 WHITE ZUCKERMAN WARSAVSKY LUNA HUNT, LLP filed a Contract - Other Contract lawsuit against SHALOM RUBANOWITZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6263

  • Filing Date:

    12/20/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

WHITE ZUCKERMAN WARSAVSKY LUNA & HUNT LLP

Defendant

RUBANOWITZ SHALOM

Attorney/Law Firm Details

Plaintiff Attorney

GOODMAN HOWARD

Defendant Attorney

TEITELBAUM MELVIN

 

Court Documents

Request for Entry of Default / Judgment

3/13/2018: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

4/13/2018: Request for Entry of Default / Judgment

Answer

4/17/2018: Answer

Declaration Pursuant to 585 CCP in Support of Default Judgment

5/16/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal

5/16/2018: Request for Dismissal

Declaration (name extension) - Interest

5/16/2018: Declaration (name extension) - Interest

Motion for Order (name extension) - Motion for Order to set aside and vacate grant of default judgment

10/19/2018: Motion for Order (name extension) - Motion for Order to set aside and vacate grant of default judgment

Other - (name extension) - Other - Points and authorities in opposition to motion for order to set aside default judgment

10/30/2018: Other - (name extension) - Other - Points and authorities in opposition to motion for order to set aside default judgment

Reply (name extension) - Reply to opposition t motion

11/6/2018: Reply (name extension) - Reply to opposition t motion

Opposition (name extension) - Points and authorities in opposition to motion for order to set aside default judgment

11/14/2018: Opposition (name extension) - Points and authorities in opposition to motion for order to set aside default judgment

Minute Order - Minute Order (Hearing on Motion for Order to set aside and vacate grant of ...)

11/14/2018: Minute Order - Minute Order (Hearing on Motion for Order to set aside and vacate grant of ...)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Ruling on Submitted Matter) of 11/19/2018

11/19/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Ruling on Submitted Matter) of 11/19/2018

Appeal - Notice of Appeal/Cross Appeal Filed - Notice of Appeal/Cross Appeal Filed

12/27/2018: Appeal - Notice of Appeal/Cross Appeal Filed - Notice of Appeal/Cross Appeal Filed

Appeal - Notice of Filing of Notice of Appeal - Appeal - Notice of Filing of Notice of Appeal

1/3/2019: Appeal - Notice of Filing of Notice of Appeal - Appeal - Notice of Filing of Notice of Appeal

Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103

1/3/2019: Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103

Proof of Service by Substituted Service

1/4/2018: Proof of Service by Substituted Service

Summons - on Complaint

12/20/2017: Summons - on Complaint

Complaint

12/20/2017: Complaint

12 More Documents Available

 

Docket Entries

  • 04/09/2019
  • DocketAppeal Record Delivered; Issued by: Clerk

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  • 03/26/2019
  • DocketAppeal - Clerk's Transcript Fee Paid APPELLANT PAID $206.07; Filed by:

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  • 03/12/2019
  • DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal BV032979; Filed by: Clerk

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  • 01/03/2019
  • DocketAppeal - Notice of Filing of Notice of Appeal; Filed by: Clerk

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  • 01/03/2019
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by: Shalom Rubanowitz (Defendant)

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  • 12/27/2018
  • DocketNotice of Appeal/Cross Appeal Filed; Filed by: Shalom Rubanowitz (Defendant); To be paid at Central: Yes

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  • 11/29/2018
  • DocketWrit of Execution (Los Angeles); Issued by: Clerk; County: Los Angeles

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  • 11/19/2018
  • DocketUpdated -- Motion for Order to set aside and vacate grant of default judgment: Filed By: White Zuckerman Warsavsky Luna & Hunt, LLP (Plaintiff); Result: Denied; Result Date: 11/19/2018

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  • 11/19/2018
  • DocketMinute Order (Ruling on Submitted Matter)

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  • 11/19/2018
  • DocketCertificate of Mailing for Minute Order (Ruling on Submitted Matter) of 11/19/2018; Filed by: Clerk

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21 More Docket Entries
  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 01/04/2018
  • DocketProof of Service by Substituted Service; Filed by: White Zuckerman Warsavsky Luna & Hunt, LLP (Plaintiff); As to: Shalom Rubanowitz (Defendant); Proof of Mailing Date: 01/03/2018; Service Cost: 44.00; Service Cost Waived: No

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  • 12/26/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 12/21/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 12/21/2017
  • DocketNon-Jury Trial scheduled for 06/19/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 12/21/2017
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 12/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 12/20/2017
  • DocketComplaint; Filed by: White Zuckerman Warsavsky Luna & Hunt, LLP (Plaintiff); As to: Shalom Rubanowitz (Defendant)

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  • 12/20/2017
  • DocketCivil Case Cover Sheet; Filed by: White Zuckerman Warsavsky Luna & Hunt, LLP (Plaintiff)

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  • 12/20/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/20/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 17STLC06263    Hearing Date: February 27, 2020    Dept: 26

White etc. v. Rubanowitz, et al.

MOTION TO VACATE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Shalom Rubanowitz’s Motion to Vacate the Entry of Default and Default Judgment is GRANTED. TRIAL DATE SET FOR AUGUST 27, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff White, Zuckerman, Warsavsky, Luna & Hunt, LLP (“Plaintiff”) filed the instant action for breach of contract against Defendant Shalom Rubanowitz (“Defendant”) on December 20, 2017. Following Defendant’s failure to appear, the court entered default on April 13, 2018, and default judgment on May 16, 2018. Defendant filed the instant motion to vacate default judgment on October 19, 2018. On November 19, 2018, the Court ruled that the motion was untimely because it was filed more than six months after entry of default. Following Plaintiff’s appeal, the Appellate Division issued a remittitur reversing the Court’s November 19, 2018 ruling and ordering the Court to reconsider whether Defendant is entitled to relief from default and default judgment.

The Court having now considered the request for relief following issuance of the remittitur, grants the Motion to Vacate Default Judgment as follows. Under Code of Civil Procedure, section 473, subdivision (b), 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 moving party’s mistake, inadvertence, surprise or neglect. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

The motion is supported by the declaration of Melvin Teitlebaum, Esq., Defendant’s counsel. He submits a declaration stating that he failed to timely file Defendant’s Answer, resulting in the entry of default. (Motion, Teitlebaum Decl., ¶¶2-3.) Where a motion for relief from default and default judgment is brought within six months of default judgment and is based on an attorney affidavit of fault, the motion must be granted as to both the default and default judgment. (Code Civ. Proc., § 473, subd. (b); Sugasawara v. Newland (1994) 27 Cal.App.4th 294, 296-297.)

Accordingly, the Motion to Vacate the Entry of Default and Default Judgment is GRANTED. TRIAL DATE SET FOR AUGUST 27, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.