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This case was last updated from Los Angeles County Superior Courts on 01/08/2021 at 14:34:56 (UTC).

COMMONWEALTH LAND TITLE INSURANCE VS GLENDY M GARCIA, ET AL

Case Summary

On 08/15/2014 COMMONWEALTH LAND TITLE INSURANCE filed a Property - Other Property Fraud lawsuit against GLENDY M GARCIA. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is LORI ANN FOURNIER. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4219

  • Filing Date:

    08/15/2014

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LORI ANN FOURNIER

 

Party Details

Plaintiffs

COMMONWEALTH LAND AND TITLE INSURANCE CO

COMMONWEALTH LAND TITLE INSURANCE

Defendants

FLORES SUZANNE

GARCIA GLENDY M

MARTINEZ JOHN A

MENDOZA MARINA

MERCHANTS BONDING COMPANY

PACIFIC ESCROW INC

RIVERA GEORGE

TORRES ROY L

PACIFIC ESCROWS INC. A CALIFORNIA

MENDOZA MARINA AN INDIVIDUAL

MARTINEZ JOHN A AN INDIVIDUAL

FLORES SUZANNE AN INDIVIDUAL

MERCHANTS BONDING COMPANY A CORPORATION

MARTINEZ JOHN

GARCIA GLENDY

TORRES ROY

Attorney/Law Firm Details

Plaintiff Attorneys

NELSON JEFFREY S. NATIONAL LAW GROUP

FIDELITY NATIONAL LAW GROUP

Defendant Attorneys

RIOS & KING

CHAPPARS MIKE

 

Court Documents

Summons

8/19/2014: Summons

Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL

9/2/2014: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL

Proof of Service (not Summons and Complaint)

9/19/2014: Proof of Service (not Summons and Complaint)

Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED

4/16/2015: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED

Notice of Stay of Proceedings (Bankruptcy)

9/4/2015: Notice of Stay of Proceedings (Bankruptcy)

Minute Order - MINUTE ORDER ENTERED: 2015-10-28 00:00:00

10/28/2015: Minute Order - MINUTE ORDER ENTERED: 2015-10-28 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

10/28/2015: Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

Legacy Document - LEGACY DOCUMENT TYPE: ORDER

12/8/2016: Legacy Document - LEGACY DOCUMENT TYPE: ORDER

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

12/8/2016: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Notice of Settlement

1/11/2017: Notice of Settlement

Legacy Document - LEGACY DOCUMENT TYPE: REQUEST

3/23/2017: Legacy Document - LEGACY DOCUMENT TYPE: REQUEST

Minute Order - MINUTE ORDER ENTERED: 2017-03-29 00:00:00

3/29/2017: Minute Order - MINUTE ORDER ENTERED: 2017-03-29 00:00:00

Writ of Execution - WRIT OF EXECUTION (SANTA CLARA)

8/12/2019: Writ of Execution - WRIT OF EXECUTION (SANTA CLARA)

Claim of Exemption - CLAIM OF EXEMPTION PACKET

9/24/2019: Claim of Exemption - CLAIM OF EXEMPTION PACKET

Declaration - DECLARATION IN SUPPORT OF CLAIM OF EXEMPTION

10/7/2019: Declaration - DECLARATION IN SUPPORT OF CLAIM OF EXEMPTION

Minute Order - MINUTE ORDER (HEARING ON CLAIM OF EXEMPTION/THIRD-PARTY CLAIM)

10/9/2019: Minute Order - MINUTE ORDER (HEARING ON CLAIM OF EXEMPTION/THIRD-PARTY CLAIM)

Order - ORDER [PROPOSED] ORDER SETTING ASIDE DEFAULT (AND DEFAULT JUDGMENT)

2/7/2020: Order - ORDER [PROPOSED] ORDER SETTING ASIDE DEFAULT (AND DEFAULT JUDGMENT)

Minute Order - MINUTE ORDER (COURT ORDER)

5/8/2020: Minute Order - MINUTE ORDER (COURT ORDER)

97 More Documents Available

 

Docket Entries

  • 08/19/2020
  • Docketat 1:30 PM in Department C; Hearing on Motion to be Relieved as Counsel - Not Held - Taken Off Calendar by Party

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  • 07/29/2020
  • DocketNotice of Ruling; Filed by MARINA, MENDOZA (Defendant)

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  • 07/16/2020
  • DocketAnswer; Filed by Clerk

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  • 07/14/2020
  • Docketat 09:30 AM in Department C; Hearing on Motion - Other (Motion to Vacate Judgement) - Held - Motion Granted

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  • 07/14/2020
  • Docketat 1:30 PM in Department C; Hearing on Motion - Other (Motion to Vacate Judgement) - Not Held - Advanced and Continued - by Court

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  • 07/14/2020
  • DocketOrder (/ Ruling (Hearing 7-14-20)); Filed by Clerk

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  • 07/14/2020
  • DocketMinute Order ( (Hearing on Motion - Other Motion to Vacate Judgement)); Filed by Clerk

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  • 05/08/2020
  • Docketat 10:14 AM in Department C; Court Order

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  • 05/08/2020
  • DocketCertificate of Mailing for ((Court Order) of 05/08/2020); Filed by Clerk

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  • 05/08/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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195 More Docket Entries
  • 08/28/2014
  • DocketRtn of Service of Summons & Compl; Filed by COMMONWEALTH LAND TITLE INSURANCE (Plaintiff)

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  • 08/19/2014
  • DocketSummons; Filed by Plaintiff

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  • 08/19/2014
  • DocketSummons Filed (-AMENDED ); Filed by Attorney for Plaintiff

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  • 08/15/2014
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/15/2014
  • DocketComplaint filed-Summons Issued

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  • 08/15/2014
  • DocketSummons; Filed by Plaintiff

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  • 08/15/2014
  • DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff

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  • 08/15/2014
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 08/15/2014
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 08/15/2014
  • DocketCivil Case Cover Sheet; Filed by COMMONWEALTH LAND TITLE INSURANCE (Plaintiff)

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Tentative Rulings

Case Number: VC064219    Hearing Date: July 14, 2020    Dept: SEC

COMMONWEALTH LAND TITLE INSURANCE COMPANY v. MENDOZA, et al.

CASE NO.:  VC064219

HEARING 7/14/20

[Remote appearances are encouraged and will be given priority.]

#3

TENTATIVE ORDER

Defendant Marina Frias (erroneously sued as Marina Mendoza)’s motion to vacate judgment is GRANTED.

Moving Party to give NOTICE.

Defendant Marina Frias (erroneously sued as Marina Mendoza) moves to vacate judgment pursuant to the court’s equitable powers.

Where a motion to vacate is made more than six months after entry of default, the motion is not directed to the court's statutory power under Cal. Civ. Proc. Code § 473 to grant relief for mistake or excusable neglect, but rather is directed to the court's inherent equity power under which it may grant relief from a default judgment where there has been extrinsic fraud or mistake…. Three elements must be satisfied to set aside a judgment based upon extrinsic mistake: first the defaulted party must show that it has a meritorious case; secondly it must articulate a satisfactory excuse for not presenting a defense to the original action; and lastly it must demonstrate that it was diligent in seeking to set aside the default once it had been discovered. This rule applies equally where the motion is to vacate an order of dismissal. (Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 735-737.) If a Defendant proceeds by noticed motion in the main action, his or her moving papers should contain a copy of a proposed answer showing a valid defense, and declarations showing facts to support such defense. (Shields v. Siegel (1966) 246 Cal.App.2d 334, 337.)

Default judgment was entered against Defendant Marina Mendoza on 3/23/17.

Defendant declares that she had no knowledge of the action because the proof of service shows that the documents were left at the officer of her former employer, more than two years after she stopped worked there. (Frias Decl., ¶ 7.) The court finds that Defendant has articulated a satisfactory excuse for not presenting a defense to the original action.

Further, Defendant attests that she did not participate in any crimes with the other Defendants, and did not receive stolen money from the crimes. (Frias Decl., ¶ 21.) The court finds Plaintiff has demonstrated a meritorious defense.

Finally, Defendant declares that once she became aware of the lawsuit in June 2019, she undertook to find advice of a paralegal and hired a lawyer to resolve the default against her. (Frias Decl., ¶ 23.)

In opposition, Plaintiff contends that there is a lack of diligence because the motion was filed in February 2020, eight months after Defendant’s discovery of the default.

However, the court finds that Plaintiff exercised reasonable diligence in her efforts to set aside the order. Once she learned of this action, she called and left a message for opposing counsel, but her call was never returned. (Frias Decl., ¶ 12.) In August 2019, she left another message for opposing counsel, but her call was never returned. (Id. at ¶ 13.) In October, after she discovered her the writ against her bank account, she engaged a document preparation company for help. (Id. at ¶ 17.) After the claim of exemption hearing, she hired current counsel to set aside the default. The court finds Plaintiff has demonstrated diligence.

Justice favors resolution of this matter on the merits.

Accordingly, the motion is GRANTED.

Case Number: VC064219    Hearing Date: March 24, 2020    Dept: SEC

COMMONWEALTH LAND TITLE INSURANCE v. GARCIA, et al.

CASE NO.:  VC064219

HEARING 3/24/20

#8

TENTATIVE ORDER

Due to the directives, from both the Governor and the Presiding Judge, Defendant Frias’s motion to vacate judgment is CONTINUED to July 14, 2020 in Dept. SEC at 1:30 PM.

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