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.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Los Angeles, California
LORI ANN FOURNIER
COMMONWEALTH LAND AND TITLE INSURANCE CO
COMMONWEALTH LAND TITLE INSURANCE
GARCIA GLENDY M
MARTINEZ JOHN A
MERCHANTS BONDING COMPANY
PACIFIC ESCROW INC
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
NELSON JEFFREY S. NATIONAL LAW GROUP
FIDELITY NATIONAL LAW GROUP
RIOS & KING
9/2/2014: Legacy Document - LEGACY DOCUMENT TYPE: RTN OF SERVICE OF SUMMONS & COMPL
9/19/2014: Proof of Service (not Summons and Complaint)
4/16/2015: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED
9/4/2015: Notice of Stay of Proceedings (Bankruptcy)
10/28/2015: Minute Order - MINUTE ORDER ENTERED: 2015-10-28 00:00:00
10/28/2015: Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION
12/8/2016: Legacy Document - LEGACY DOCUMENT TYPE: ORDER
12/8/2016: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
1/11/2017: Notice of Settlement
3/23/2017: Legacy Document - LEGACY DOCUMENT TYPE: REQUEST
3/29/2017: Minute Order - MINUTE ORDER ENTERED: 2017-03-29 00:00:00
8/12/2019: Writ of Execution - WRIT OF EXECUTION (SANTA CLARA)
9/24/2019: Claim of Exemption - CLAIM OF EXEMPTION PACKET
10/7/2019: Declaration - DECLARATION IN SUPPORT OF CLAIM OF EXEMPTION
10/9/2019: Minute Order - MINUTE ORDER (HEARING ON CLAIM OF EXEMPTION/THIRD-PARTY CLAIM)
2/7/2020: Order - ORDER [PROPOSED] ORDER SETTING ASIDE DEFAULT (AND DEFAULT JUDGMENT)
5/8/2020: Minute Order - MINUTE ORDER (COURT ORDER)
Docketat 1:30 PM in Department C; Hearing on Motion to be Relieved as Counsel - Not Held - Taken Off Calendar by PartyRead MoreRead Less
DocketNotice of Ruling; Filed by MARINA, MENDOZA (Defendant)Read MoreRead Less
DocketAnswer; Filed by ClerkRead MoreRead Less
Docketat 09:30 AM in Department C; Hearing on Motion - Other (Motion to Vacate Judgement) - Held - Motion GrantedRead MoreRead Less
Docketat 1:30 PM in Department C; Hearing on Motion - Other (Motion to Vacate Judgement) - Not Held - Advanced and Continued - by CourtRead MoreRead Less
DocketOrder (/ Ruling (Hearing 7-14-20)); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Hearing on Motion - Other Motion to Vacate Judgement)); Filed by ClerkRead MoreRead Less
Docketat 10:14 AM in Department C; Court OrderRead MoreRead Less
DocketCertificate of Mailing for ((Court Order) of 05/08/2020); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Court Order)); Filed by ClerkRead MoreRead Less
DocketRtn of Service of Summons & Compl; Filed by COMMONWEALTH LAND TITLE INSURANCE (Plaintiff)Read MoreRead Less
DocketSummons; Filed by PlaintiffRead MoreRead Less
DocketSummons Filed (-AMENDED ); Filed by Attorney for PlaintiffRead MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketComplaint filed-Summons IssuedRead MoreRead Less
DocketSummons; Filed by PlaintiffRead MoreRead Less
DocketComplaint filed-Summons Issued; Filed by Attorney for PlaintiffRead MoreRead Less
DocketNotice-Case Management Conference; Filed by ClerkRead MoreRead Less
DocketSummons Filed; Filed by Attorney for PlaintiffRead MoreRead Less
DocketCivil Case Cover Sheet; Filed by COMMONWEALTH LAND TITLE INSURANCE (Plaintiff)Read MoreRead Less
Case Number: VC064219 Hearing Date: July 14, 2020 Dept: SEC
COMMONWEALTH LAND TITLE INSURANCE COMPANY v. MENDOZA, et al.
CASE NO.: VC064219
[Remote appearances are encouraged and will be given priority.]
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
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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