This case was last updated from Los Angeles County Superior Courts on 05/23/2019 at 08:38:26 (UTC).

ANDREWS FEDERAL CREDIT UNION VS KEITH STEPHEN DAY ET AL

Case Summary

On 08/19/2016 ANDREWS FEDERAL CREDIT UNION filed a Contract - Debt Collection lawsuit against KEITH STEPHEN DAY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1199

  • Filing Date:

    08/19/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

ANDREWS FEDERAL CREDIT UNION

Defendants and Respondents

DAY KEITH

PORTILLO MINERVA L.

DAY KEITH S.

ALTAMIRANO MINERVA LYDIA

ALTAMIRANO MINERVA L.

PORTILLO MINERVA LYDIA

DAY MINERVA

CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

DAY MINERVA LYDIA PROTILLO

DAY MINERVA LYDIA

DAY MINERVA PROTILLO

DAY MINERVA L.

DAY MINERVA L. PROTILLO

DAY KEITH STEPHEN

12 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

LAW OFFICES OF A. LYSA SIMON

 

Court Documents

Unknown

10/25/2018: Unknown

Unknown

8/29/2016: Unknown

PROOF OF SERVICE OF NOTICE OF ORDER TO SHOW CAUSE AND NOTICE OF CASE MANAGEMENT CONFERENCE

9/22/2016: PROOF OF SERVICE OF NOTICE OF ORDER TO SHOW CAUSE AND NOTICE OF CASE MANAGEMENT CONFERENCE

STIPULATION REGARDING WAIVER OF APPEARANCE BY AND OF MONETARY RECOVERY AGAINST DEFENDANT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

10/17/2016: STIPULATION REGARDING WAIVER OF APPEARANCE BY AND OF MONETARY RECOVERY AGAINST DEFENDANT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

DECLARATION OF A. LYSA SIMON IN SUPPORT OF MOTION FOR ORDER TO COMPEL THE FEDERAL AVIATION ADMINISTRATION TO COMPLY WITH DEPOSITION SUBPOENA

1/20/2017: DECLARATION OF A. LYSA SIMON IN SUPPORT OF MOTION FOR ORDER TO COMPEL THE FEDERAL AVIATION ADMINISTRATION TO COMPLY WITH DEPOSITION SUBPOENA

ERRATA DECLARATION OF A. LYSA SIMON IN SUPPORT OF MOTION FOR ORDER TO COMPEL THE FEDERAL AVIATION ADMINISTRATION TO COMPLY WITH DEPOSITION SUBPOENA

1/24/2017: ERRATA DECLARATION OF A. LYSA SIMON IN SUPPORT OF MOTION FOR ORDER TO COMPEL THE FEDERAL AVIATION ADMINISTRATION TO COMPLY WITH DEPOSITION SUBPOENA

NOTICE REQUESTING COURT FIND DEFENDANT, KEITH STEPHEN DAY, ETC. IN CONTEMPT FOR WILLFUL FAILURE TO COMPLY WITH COURT ORDER AS STATED IN OPEN COURT

2/16/2017: NOTICE REQUESTING COURT FIND DEFENDANT, KEITH STEPHEN DAY, ETC. IN CONTEMPT FOR WILLFUL FAILURE TO COMPLY WITH COURT ORDER AS STATED IN OPEN COURT

Minute Order

2/21/2017: Minute Order

NOTICE OF RULING ON ORDER TO SHOW CAUSE HEARING

2/24/2017: NOTICE OF RULING ON ORDER TO SHOW CAUSE HEARING

585 DECLARATION OF ANDREA WITTER IN SUPPORT OF REQUEST TO ENTER DEFAULT JUDGMENT

2/28/2017: 585 DECLARATION OF ANDREA WITTER IN SUPPORT OF REQUEST TO ENTER DEFAULT JUDGMENT

DECLARATION OF SARA F. KUOSROABADI IN SUPPORT OF DEFENDANTS' MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

8/23/2017: DECLARATION OF SARA F. KUOSROABADI IN SUPPORT OF DEFENDANTS' MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

DECLARATION OF A. LYSA SIMON IN OPPOSITION OF DEFENDANT MINERVA LYDIA DAY'S MOTION TO VACATE JUDGMENT

9/13/2017: DECLARATION OF A. LYSA SIMON IN OPPOSITION OF DEFENDANT MINERVA LYDIA DAY'S MOTION TO VACATE JUDGMENT

POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT, MINERVA LYDIA DAY'S MOTION TO VACATE JUDGMENT AND PLAINTIFF'S REQUEST FOR REASONABLE EXPENSES PURSUANT TO CCP 128.5

9/13/2017: POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT, MINERVA LYDIA DAY'S MOTION TO VACATE JUDGMENT AND PLAINTIFF'S REQUEST FOR REASONABLE EXPENSES PURSUANT TO CCP 128.5

SUPPLEMENTAL DECLARATION OF A. LYSA SIMON IN OPPOSITION OF DEFENDANT, MINERVA LYDIA DAY'S MOTION TO VACATE JUDGMENT

9/25/2017: SUPPLEMENTAL DECLARATION OF A. LYSA SIMON IN OPPOSITION OF DEFENDANT, MINERVA LYDIA DAY'S MOTION TO VACATE JUDGMENT

SUR-REPLY POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT, MINERVA LYDIA DAY'S MOTION TO VACATE JUDGMENT AND PLAINTIFF'S REQUEST FOR REASONABLE EXPENSES PURSUANT TO CCP128.5

9/26/2017: SUR-REPLY POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT, MINERVA LYDIA DAY'S MOTION TO VACATE JUDGMENT AND PLAINTIFF'S REQUEST FOR REASONABLE EXPENSES PURSUANT TO CCP128.5

NOTICE OF RULING DENYING MOTION OF DEFENDANT, MINERVA LYDIA DAY TO VACATE JUDGMENT

10/3/2017: NOTICE OF RULING DENYING MOTION OF DEFENDANT, MINERVA LYDIA DAY TO VACATE JUDGMENT

NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

12/7/2017: NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

Unknown

12/13/2017: Unknown

51 More Documents Available

 

Docket Entries

  • 11/28/2018
  • Abstract of Judgment - Civil and Small Claims; Filed by Clerk

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  • 11/09/2018
  • Appeal Record Delivered; Filed by Clerk

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  • 11/07/2018
  • Appeal - Augmented Clerk's Transcript 1 - 5 Volumes Certified; Filed by Clerk

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  • 10/25/2018
  • Appeal - Notice of Fees Due for Clerk's Transcript on Appeal; Filed by Clerk

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  • 10/25/2018
  • Appeal - Clerk's Transcript Fee Paid; Filed by Clerk

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  • 10/18/2018
  • Notice of Rejection - Fax Filing; Filed by Clerk

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  • 01/22/2018
  • Ntc to Attorney re Abandon Appeal; Filed by Clerk

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  • 01/16/2018
  • Miscellaneous-Other; Filed by Respondent

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  • 12/29/2017
  • Notice; Filed by Clerk

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  • 12/29/2017
  • NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

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107 More Docket Entries
  • 09/22/2016
  • PROOF OF SERVICE OF NOTICE OF ORDER TO SHOW CAUSE AND NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 09/16/2016
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 09/16/2016
  • PROOF OF SERVICE SUMMONS

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  • 08/29/2016
  • ORDER TO SHOW CAUSE HEARING

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  • 08/29/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 08/29/2016
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 08/29/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 08/19/2016
  • SUMMONS

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  • 08/19/2016
  • Complaint; Filed by Andrews Federal Credit Union (Plaintiff)

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  • 08/19/2016
  • COMPLAINT FOR: 1. BREACH OF AGREEMENT L-100; ETC

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Tentative Rulings

Case Number: BC631199    Hearing Date: February 20, 2020    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: February 20, 2020

Case Name: Andrews Federal Credit Union v. Day, et al.

Case No.: BC631199

Motion: Motion for Attorneys’ Fees and Costs

Moving Party: Plaintiff Andrews Federal Credit Union

Responding Party: Defendants Keith Day and Minerva Day

Tentative Ruling: The Motion for Attorneys’ Fees and Costs is granted.

Plaintiff seeks $31,269.67 in attorneys’ fees and costs for successfully opposing Defendants’ appeal in this action.

Defendants oppose the Motion on the ground that the fees requested are excessive, unreasonable, and duplicative.

Defendants’ objections to Plaintiff’s billing entries are not well-taken. The Motion for Attorneys’ Fees and Costs is granted.

Case Number: BC631199    Hearing Date: November 04, 2019    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: November 4, 2019

Case Name: Andrews Federal Credit Union v. Day, et al.

Case No.: BC631199

Motion: Motion to Tax Costs

Moving Party: Defendants Keith Day and Minerva Day

Responding Party: Plaintiff Andrews Federal Credit Union.

Tentative Ruling: The Motion to Tax Costs is granted in part.

On July 12, 2019, Plaintiff filed its memorandum of costs after judgment for $11,297.74.

Defendants seek to strike/tax various costs and fees claimed by Plaintiff as unrecoverable or unreasonable.

Code Civ. Proc. § 685.070(a) provides,

The judgment creditor may claim under this section the following costs of enforcing a judgment:

(1) Statutory fees for preparing and issuing, and recording and indexing, an abstract of judgment or a certified copy of a judgment.

(2) Statutory fees for filing a notice of judgment lien on personal property.

(3) Statutory fees for issuing a writ for the enforcement of the judgment to the extent that the fees are not satisfied pursuant to Section 685.050.

(4) Statutory costs of the levying officer for performing the duties under a writ to the extent that the costs are not satisfied pursuant to Section 685.050 and the statutory fee of the levying officer for performing the duties under the Wage Garnishment Law to the extent that the fee has not been satisfied pursuant to the wage garnishment.

(5) Costs incurred in connection with any proceeding under Chapter 6 (commencing with Section 708.010) of Division 2 that have been approved as to amount, reasonableness, and necessity by the judge or referee conducting the proceeding.

(6) Attorney's fees, if allowed by Section 685.040.

Code Civ. Proc. § 685.040 states,

The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.

The Court has reviewed Plaintiff’s memorandum of costs and will strike the following costs: (1) $135 for rush filing of an unauthorized sur-reply, (2) $1,860 in attorneys’ fees for an unauthorized sur-reply, and (3) $180 for research relating to Defendants’ time to file an appeal which does not pertain to enforcement of the judgment in this action.

The remainder of the fees and costs sought are reasonable and recoverable. The Motion to Tax Costs is granted in part as set forth herein.