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This case was last updated from Los Angeles County Superior Courts on 09/16/2019 at 22:50:40 (UTC).

CARISSA SANCHEZ ET AL VS JAMES P THOMPSON ET AL

Case Summary

On 06/09/2016 CARISSA SANCHEZ filed a Property - Other Eviction lawsuit against JAMES P THOMPSON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is BARBARA A. MEIERS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2709

  • Filing Date:

    06/09/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Eviction

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

BARBARA A. MEIERS

 

Party Details

Plaintiffs and Petitioners

MILO RAMIELYN

SANCHEZ CARISSA

Defendants and Respondents

MILLER & DESATNIK MANAGEMENT CO. INC.

DOES 1 TO 10

BURCH CAROL

THOMPSON JAMES P.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

CAMPBELL FRANCES M. ESQ.

CAMPBELL FRANCES M ESQ.

Defendant and Respondent Attorneys

MCCONE JAMES G. ESQ.

ZVONICEK PHILIP C. ESQ.

MCCONE JAMES G ESQ.

ZVONICEK PHILIP CHRISTOPHER ESQ.

 

Court Documents

REMITTITUR

8/13/2018: REMITTITUR

MEMORANDUM OF COSTS ON APPEAL

9/5/2018: MEMORANDUM OF COSTS ON APPEAL

NOTICE OF CASE MANAGEMENT CONFERENCE

9/18/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE

2/22/2018: NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE

COMPLAINT FOR DAMAGES AM) INJUNCTIVE RELIEF BASED ON: (1) VIOLATION OF THE SANTA MONICA TENANT HARASSMENT ORDINANCES AND (2) RETALIATORY ACTS BY LANDLORD AGAINST TENANTS

6/9/2016: COMPLAINT FOR DAMAGES AM) INJUNCTIVE RELIEF BASED ON: (1) VIOLATION OF THE SANTA MONICA TENANT HARASSMENT ORDINANCES AND (2) RETALIATORY ACTS BY LANDLORD AGAINST TENANTS

PROOF OF SERVICE SUMMONS

7/12/2016: PROOF OF SERVICE SUMMONS

NOTICE OF ERRATA: CORRECTING RESERVATION ID. FOR THE HEARING OF DEFENDANTS CAROLE BURCH AND MILLER & DESATNIK MANAGEMENT CO., INC.'S NOTICE OF MOTION AND; ETC.

8/11/2016: NOTICE OF ERRATA: CORRECTING RESERVATION ID. FOR THE HEARING OF DEFENDANTS CAROLE BURCH AND MILLER & DESATNIK MANAGEMENT CO., INC.'S NOTICE OF MOTION AND; ETC.

DECLARATION OF VINCENT REAL IN REPLY TO OPPOSITION TO SLAPP MOTION TO STRIKE

8/17/2016: DECLARATION OF VINCENT REAL IN REPLY TO OPPOSITION TO SLAPP MOTION TO STRIKE

REPLY TO OPPOSITION TO SPECIAL MOTION TO STRIKE (SLAPP) UNDER CCP ?425.16; DECLARATION OF JAMES THOMPSON; DECLARATION OF VINCENT REAL

8/17/2016: REPLY TO OPPOSITION TO SPECIAL MOTION TO STRIKE (SLAPP) UNDER CCP ?425.16; DECLARATION OF JAMES THOMPSON; DECLARATION OF VINCENT REAL

DECLARATION OF FRANCES M. CAMPBELL LN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT JAMES P. THOMPSON'S SPECIAL MOTION TO STRIKE

8/23/2016: DECLARATION OF FRANCES M. CAMPBELL LN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT JAMES P. THOMPSON'S SPECIAL MOTION TO STRIKE

Minute Order

8/24/2016: Minute Order

Minute Order

8/30/2016: Minute Order

PLAINTIFF'S OPPOSITION TO DEFENDANTS CAROLE BURCH AND MILLER & DESATNIK'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

8/30/2016: PLAINTIFF'S OPPOSITION TO DEFENDANTS CAROLE BURCH AND MILLER & DESATNIK'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

REQUEST FOR JUDICIAL NOTICE

9/8/2016: REQUEST FOR JUDICIAL NOTICE

Minute Order

10/28/2016: Minute Order

NOTICE OF APPEAL

12/23/2016: NOTICE OF APPEAL

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

1/3/2017: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL PER CRC RULE 8.124

2/17/2017: NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL PER CRC RULE 8.124

66 More Documents Available

 

Docket Entries

  • 02/25/2020
  • Hearing02/25/2020 at 10:00 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 02/06/2020
  • Hearing02/06/2020 at 09:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/20/2019
  • Hearing11/20/2019 at 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 11/06/2019
  • Hearing11/06/2019 at 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 01/22/2019
  • DocketNotice of Deposit - Jury; Filed by Carissa Sanchez (Plaintiff); Ramielyn Milo (Plaintiff)

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  • 01/14/2019
  • Docketat 08:30 AM in Department 24; Case Management Conference - Held

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  • 01/14/2019
  • Docketat 08:30 AM in Department 24; Hearing on Demurrer - without Motion to Strike

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  • 01/14/2019
  • DocketCase Management Order; Filed by Clerk

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  • 01/14/2019
  • DocketMinute Order ((Case Management Conference)); Filed by Clerk

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  • 12/12/2018
  • DocketAnswer; Filed by James P. Thompson (Defendant)

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157 More Docket Entries
  • 08/02/2016
  • DocketNOTICE OF MOTION AND SPECIAL MOTION TO STRIKE (SLAPP) UNDER CCP 425.16; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF JAMES THOMPSON

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  • 07/12/2016
  • DocketProof-Service/Summons; Filed by Carissa Sanchez (Plaintiff); Ramielyn Milo (Plaintiff)

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  • 07/12/2016
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/08/2016
  • DocketProof-Service/Summons; Filed by Carissa Sanchez (Plaintiff); Ramielyn Milo (Plaintiff)

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  • 07/08/2016
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/13/2016
  • DocketNotice; Filed by Carissa Sanchez (Plaintiff); Ramielyn Milo (Plaintiff)

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  • 06/13/2016
  • DocketNOTICE OF ERRATA ATTACHING EXHIBITS TO COMPLAINT

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  • 06/09/2016
  • DocketCOMPLAINT FOR DAMAGES AM) INJUNCTIVE RELIEF BASED ON: (1) VIOLATION OF THE SANTA MONICA TENANT HARASSMENT ORDINANCES AND (2) RETALIATORY ACTS BY LANDLORD AGAINST TENANTS

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  • 06/09/2016
  • DocketComplaint; Filed by Carissa Sanchez (Plaintiff); Ramielyn Milo (Plaintiff)

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  • 06/09/2016
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC622709    Hearing Date: September 24, 2020    Dept: 24

Defendant James P. Thompson’s motion to vacate default and default judgment is GRANTED. Sanctions are imposed against Defendant’s counsel of record James McCone in the reduced total amount of $3,103.39.

On June 9, 2016, Plaintiffs Carissa Sanchez and Ramielyn Milo filed the instant action against Defendants James P. Thompson, Miller & Desatnik Management Co. Inc. And Carol Burch. The Complaint alleges that Plaintiffs are Defendants' tenants. Defendants allegedly filed multiple unlawful detainer lawsuits without good cause and with malicious intent against Plaintiffs. The Complaint states two causes of action for: 1) violation of the Santa Monica Tenant Harassment Ordinance; and 2) retaliatory acts by landlord against tenants.

Thompson filed an answer on December 12, 2018, following Plaintiffs’ successful appeal on his granted anti-SLAPP motion.

On November 20, 2019, the Court held a noticed status conference re: settlement. Thompson failed to appear. The Court set an order to show cause re: Thompson’s failure to appear for December 11, 2019. On that date, Thompson again failed to appear and the Court struck his answer. On March 13, 2020, the Court entered default judgment against Thompson for $220,679.87.

On March 13, 2020, Thompson moved to vacate default/default judgment. On September 11, 2020, Plaintiffs filed an opposition. On September 16, 2020, Thompson filed a reply.

Legal Standard

Relief under section 473(b) is either discretionary or mandatory. A motion for mandatory relief must be made no more than six months after entry of judgment and be accompanied by an attorney’s sworn affidavit attesting to the attorney’s “mistake, inadvertence, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney’s mistake, inadvertence surprise or neglect. (Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438-441.)

Relief must be granted “unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.” (Ibid.) If mandatory relief is granted, the court must “direct the attorney to pay reasonable compensatory legal fees and costs” to the opposing counsel or parties. (CCP § 473(b).)

A motion for relief under section 473(b) “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted. . .” (CCP § 473(b).) However, this requirement is not jurisdictional; substantial compliance may suffice. (Carmel, Ltd. v. Tavoussi (2009) 175 Cal.App.4th 393, 403 [finding substantial compliance where counsel offered proposed answer at motion hearing rather than serving it with moving papers].) 

Discussion

Here, Thompson’s counsel James McCone (“McCone”) provides an adequate affidavit of fault regarding the initial settlement conference and subsequent OSC. McCone provides that the failure to appear at the status conference was due to his failure to properly calendar the hearing when it was set in January 2019. (McCone Decl., ¶ 4.) McCone claims to have not received notice of the OSC for December 11, 2019. (McCone Decl., ¶¶ 6-7.) McCone states that he did not learn of the OSC and default until he began preparing for the FSC in early February. (McCone Decl., ¶ 8.)

Plaintiff argues that McCone’s declaration fails to admit fault or show excusable neglect. However, Plaintiff’s arguments only serve to reinforce Thompson’s motion. As to the first point, the Court does not find that McCone attempted to avoid fault by pointing out that Plaintiffs counsel never informally told him of the OSC. (McCone Decl. ¶¶ 5-7.) Instead, the declaration and motion both recognize that McCone's failure to properly calendar the OSC caused entry of default. Clearly, McCone takes responsibility for incorrectly calendaring the settlement conference. His supplemental declaration makes this exceedingly clear. (See Supp. McCone Decl., ¶¶ 4-5.)

Further, Plaintiff’s arguments regarding excusable neglect do not apply to a request for mandatory relief. As noted above, such relief must be granted “unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.” (Martin Potts & Assocs., Inc., supra, 244 Cal.App.4th at 438-441.) This does not require the attorney’s neglect to be excusable, just their fault. Plaintiffs’ assertion that McCone unreasonably failed to heed the OSC notice and that it was his responsibility to properly calendar the hearings would therefore support the mandatory relief. Even taking these assertions as true, the Court would still find that the default was due to McCone’s mistake, inadvertence or neglect.

Accordingly, Thompson’s motion to vacate is GRANTED.

Plaintiffs request mandatory sanctions. Plaintiffs’ counsel declares that they incurred $5,015.89 in attorneys’ fees and costs through the default process caused by the McCone’s errors. (Boone Decl. ¶¶ 13-16.) Boone declares that he spent 12.5 hours total performing specified tasks related to the default process and this motion at $375 per hour. Boone also states that they incurred $28.39 in costs. Upon review, the Court finds that Plaintiffs’ reasonable costs and fees comes to $3,103.39, inclusive of costs. The Court will therefore impose sanctions against McCone in the reduced total amount $3,103.39. Sanctions are to be paid in 30 days.

Moving party is ordered to give notice.

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