This case was last updated from Los Angeles County Superior Courts on 09/10/2021 at 01:38:07 (UTC).

ZURI BARNES VS ELI'S AUTO CENTER II, INC., ET AL.

Case Summary

On 08/12/2019 ZURI BARNES filed a Contract - Business lawsuit against ELI'S AUTO CENTER II, 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 SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7468

  • Filing Date:

    08/12/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

BARNES ZURI

Defendants

ELI'S COLLISION REPAIR II INC.

LEXUS SANTA MONICA

ELI'S AUTO CENTER II INC.

Attorney/Law Firm Details

Plaintiff Attorney

MCDERMOTT LISAMARIE

 

Court Documents

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

7/6/2021: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

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

7/6/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Order to Show Cause Re: Entry of Default Judgment)]

5/25/2021: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Order to Show Cause Re: Entry of Default Judgment)]

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment)

5/25/2021: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment)

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

12/11/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

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

1/14/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Declaration (name extension) - Declaration Declaration of Plaintiff Zuri Barnes In Support of Default Judgment

2/5/2021: Declaration (name extension) - Declaration Declaration of Plaintiff Zuri Barnes In Support of Default Judgment

Minute Order - Minute Order (Non-Jury Trial)

2/8/2021: Minute Order - Minute Order (Non-Jury Trial)

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

11/21/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

11/21/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

11/21/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

11/21/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

11/21/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

11/25/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Complaint - Complaint

8/12/2019: Complaint - Complaint

Summons - Summons on Complaint

8/12/2019: Summons - Summons on Complaint

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

8/12/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

8/12/2019: First Amended Standing Order - First Amended Standing Order

15 More Documents Available

 

Docket Entries

  • 08/15/2022
  • Hearing08/15/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/23/2021
  • DocketOrder to Show Cause Re: Entry of Default Judgment scheduled for 07/27/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 07/06/2021

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  • 07/06/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Zuri Barnes (Plaintiff)

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  • 07/06/2021
  • DocketDeclaration of Interest, Costs and Attorney Fees; Filed by: Zuri Barnes (Plaintiff); As to: Eli's Auto Center II, Inc. (Defendant); Eli's Collision Repair II, Inc. (Defendant); Lexus Santa Monica (Defendant)

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  • 07/06/2021
  • DocketStatement of the Case; Filed by: Zuri Barnes (Plaintiff)

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  • 07/06/2021
  • Docket; On the Complaint filed by Zuri Barnes on 08/12/2019

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  • 06/01/2021
  • DocketUpdated -- Request for Entry of Default / Judgment: Filed By: Zuri Barnes (Plaintiff); Result: Rejected; Result Date: 06/01/2021

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  • 05/25/2021
  • DocketUpdated -- Request for Entry of Default / Judgment: As To Parties: removed

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  • 05/25/2021
  • DocketOrder to Show Cause Re: Entry of Default Judgment scheduled for 07/27/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 05/25/2021
  • DocketUpdated -- Minute Order (Order to Show Cause Re: Entry of Default Judgment): Status Date changed from 05/25/2021 to 05/25/2021; Name Extension changed from (Order to Show Cause Re: Entry of Default Judgment) to (Order to Show Cause Re: Entry of Default Judgment); As To Parties: removed

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27 More Docket Entries
  • 11/21/2019
  • DocketAddress for Lisamarie McDermott (Attorney) updated

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  • 11/21/2019
  • DocketProof of Service by Substituted Service; Filed by: Zuri Barnes (Plaintiff); As to: Lexus Santa Monica (Defendant); Proof of Mailing Date: 08/14/2019; Service Cost: 65.00; Service Cost Waived: No

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  • 08/13/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/15/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/13/2019
  • DocketNon-Jury Trial scheduled for 02/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/13/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/12/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/12/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/12/2019
  • DocketSummons on Complaint; Issued and Filed by: Zuri Barnes (Plaintiff); As to: Eli's Auto Center II, Inc. (Defendant); Eli's Collision Repair II, Inc. (Defendant); Lexus Santa Monica (Defendant)

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  • 08/12/2019
  • DocketCivil Case Cover Sheet; Filed by: Zuri Barnes (Plaintiff); As to: Eli's Auto Center II, Inc. (Defendant); Eli's Collision Repair II, Inc. (Defendant); Lexus Santa Monica (Defendant)

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  • 08/12/2019
  • DocketComplaint; Filed by: Zuri Barnes (Plaintiff); As to: Eli's Auto Center II, Inc. (Defendant); Eli's Collision Repair II, Inc. (Defendant); Lexus Santa Monica (Defendant)

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Tentative Rulings

Case Number: 19STLC07468    Hearing Date: January 14, 2021    Dept: 26

Barnes v. Eli’s Auto Center II, Inc., et al.

MOTION TO VACATE ENTRY OF DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendants Eli's Auto Center II, Inc, Eli's Collision Repair II, Inc. and Lexus of Santa Monica’s Motion to Vacate Entry of Default Pursuant to Code of Civil Procedure section 473, subdivision (b) is DENIED.

ANALYSIS:

Plaintiff Zuri Barnes (“Plaintiff”) filed the instant action for unfair business practices, money had and received, and unjust enrichment against Defendants Eli's Auto Center II, Inc, Eli's Collision Repair II, Inc. and Lexus of Santa Monica (“Defendants”) on August 12, 2019. Following Defendants’ failure to file a responsive pleading, the Court entered their default on November 25, 2019. Defendants filed the instant Motion to Vacate Entry of Default on December 11, 2020. To date, no opposition has been filed to the Motion.

Discussion

Defendants seeks relief from the default entered on November 25, 2019 pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief 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 instant Motion is brought pursuant to discretionary relief prong of section 473, subdivision (b) for Defendants’ own mistake, inadvertence, surprise or neglect. A motion for relief based on party mistake, inadvertence, surprise or neglect must not only must be brought within six months after entry of the order from which relief is sought, but also within a reasonable time. (Code Civ. Proc., § 473, subd. (b).)

Defendants’ Motion is not timely. The Motion was filed on December 11, 2020, more than one year after the November 25, 2019 entry of default. Additionally, defense counsel admits to knowing of the entry of default since February 2020 but does not explain why it was reasonable to wait ten months to file the Motion. (Motion, Wigley Decl., ¶6.) Neither the six-month deadline nor the requirement of reasonable diligence have been satisfied. It has long been the rule in this state that the six-month deadline under Code of Civil Procedure section 473 is jurisdictional. (Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 736 [citing Weitz v. Yankosky (1966) 63 Cal.2d 849, 855].) The Court has no authority to disregard the statutory requirement.

Finally, the Court does not find that the deadline to file a motion under Code of Civil Procedure, section 473, subdivision (b) was tolled by Emergency Rules Related to COVID-19, Rule 9, as argued by Defendants. Rule 9 plainly states that tolling applies to “the statutes of limitations and repose for civil causes of action.” (Emergency Rules Related to COVID-19, Rule 9, subds. (a) and (b).) A motion for relief under Code of Civil Procedure, section 473 is not subject to the tolling rule.

Based on the foregoing, the Court finds Defendants have not demonstrated that the factors for relief under Code of Civil Procedure section 473, subdivision (b) are satisfied.

Conclusion

Defendants Eli's Auto Center II, Inc, Eli's Collision Repair II, Inc. and Lexus of Santa Monica’s Motion to Vacate Entry of Default Pursuant to Code of Civil Procedure section 473, subdivision (b) is DENIED.

Plaintiff to give notice.

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