On 09/26/2012 AMERICAN EXPRESS BANK, FSB filed a Contract - Other Contract lawsuit against CHARLES K AN, ET-AL. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARGARET M. BERNAL and MASTER CALENDAR. The case status is Disposed - Dismissed.
****1978
09/26/2012
Disposed - Dismissed
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
MARGARET M. BERNAL
MASTER CALENDAR
AMERICAN EXPRESS BANK FSB A FEDERAL
AN CHARLES K.
AN CHARLES
CHARLES K
KAN CHARLES
DSH FUND LLC A LIMITED LIABILITY COMP.
AN CHARLES KWG
MICHAEL LINA M. ESQ
YANG JASON PLC LAW OFFICES OF
RASLA & ASSOCIATES P.L.C.
9/26/2012: Notice of Case Management Conference
9/26/2012: Summons
10/17/2012: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL
10/19/2012: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL
5/9/2013: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
5/9/2013: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
5/9/2013: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE OF MOTION
5/30/2013: Declaration - DECLARATION OF GLENDA MEJIA RE: SERVICE PROCESS
1/16/2014: Proof of Service (not Summons and Complaint)
3/10/2014: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED
2/17/2015: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE
6/17/2015: Minute Order
9/10/2015: Minute Order
5/11/2018: Default Judgment
5/23/2018: Legacy Document - LEGACY DOCUMENT TYPE: MOTION
10/5/2018: Opposition - OPPOSITION TO DEFENDANT'S MOTION TO SET ASIDE JUDGMENT
10/30/2018: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))
12/5/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)
Docketat 1:30 PM in Department C; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Held - Motion Denied
DocketOrder (re: 12/05/19 Hearing); Filed by Clerk
DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)); Filed by Clerk
DocketNotice (of Tentative Ruling); Filed by AMERICAN EXPRESS BANK, FSB, a federal (Plaintiff)
DocketWrit - Return
DocketWrit - Return
DocketWrit - Return
Docketat 1:30 PM in Department C; Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) - Not Held - Rescheduled by Party
DocketWrit of Execution ((Orange)); Filed by AMERICAN EXPRESS BANK, FSB, a federal (Plaintiff)
DocketWrit of Execution ((Los Angeles)); Filed by AMERICAN EXPRESS BANK, FSB, a federal (Plaintiff)
DocketDeclaration
DocketDeclaration
DocketDefault Judgment
DocketDefault Entered; Filed by AMERICAN EXPRESS BANK, FSB, a federal (Plaintiff)
DocketRtn of Service of Summons & Compl; Filed by AMERICAN EXPRESS BANK, FSB, a federal (Plaintiff)
DocketRtn of Service of Summons & Compl; Filed by AMERICAN EXPRESS BANK, FSB, a federal (Plaintiff)
DocketNotice of Case Management Conference; Filed by Clerk
DocketSummons; Filed by Plaintiff
DocketComplaint filed-Summons Issued
DocketCivil Case Cover Sheet; Filed by AMERICAN EXPRESS BANK, FSB, a federal (Plaintiff)
Case Number: VC061978 Hearing Date: December 05, 2019 Dept: SEC
AMERICAN EXPRESS BANK, FSB v. AN
CASE NO.: VC061978
HEARING: 12/05/19
#7
TENTATIVE ORDER
Defendant AN’s (in pro per) motion to set aside default is DENIED. (CCP § 473.5)
Opposing Party to give Notice.
Defendant argues that the default judgment should be vacated on the bases of extrinsic fraud and/or mistake.
Defendant’s Motion is denied. The judgment entered against Defendant was not entered by Default, but by a settlement stipulation that Defendant willingly entered into (pursuant to CCP §664.6). Plaintiff AMERICAN EXPRESS BANK, FSB and Defendant CHARLES K. AN settled this matter on or about July 28, 2015. The Written Settlement Agreement contained a CCP §664.6 clause. Defendant breached the Settlement Agreement, and on May 8, 2018, this Court granted Plaintiff AMERICAN EXPRESS BANK, FSB’s unopposed Motion for Order Vacating Dismissal and Entering Judgment.