On 01/28/2016 DISCOVER BANK filed a Contract - Debt Collection lawsuit against HRIPSIME MINASYAN. This case was filed in Los Angeles County Superior Courts, Glendale Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.
****4907
01/28/2016
Disposed - Judgment Entered
Los Angeles County Superior Courts
Glendale Courthouse
Los Angeles, California
DISCOVER BANK
MINASYAN HRIPSIME
CIR LAW OFFICE LLP
Court documents are not available for this case.
Judgment Filed by Attorney for Plaintiff
Memorandum of Costs Filed by Attorney for Plaintiff
Declaration (FOR REIMBURSEMENT OF COSTS CCP 1033 ) Filed by Attorney for Plaintiff
Supplemental Declaration (IN SUPPORT OF JUDGMENT RE: WAIVE INTEREST CCP 585(d) ) Filed by Attorney for Plaintiff
Request to Enter Judgment Filed by Attorney for Plaintiff
Request for Dismissal-Partial (WITHOUT PREJUDICE AS TO DOES 1 THROUGH 10, INCLUSIVE, ONLY ) Filed by Attorney for Plaintiff
Supplemental Declaration (IN SUPPORT OF DEFAULT JUDGMENT RE: ATTORNEY FEE WAIVER CCP 585(d) ) Filed by Attorney for Plaintiff
Declaration (RE: LOST ORIGINAL CONTRACT ) Filed by Attorney for Plaintiff
Request for Entry of Default Filed by Attorney for Plaintiff
Default Entered Filed by Attorney for Plaintiff
Proof of Svc of Summons & Co./Ptn. Filed by Attorney for Plaintiff
Summons Filed
Complaint filed-Summons Issued
OSC-Failure to File Proof of Serv Filed by Court
Notice-Case Management Conference Filed by Court
Case Number: EC064907 Hearing Date: December 13, 2019 Dept: NCB
North Central District
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discovery bank, Plaintiff, v.
hripsime minasyan,
Defendant.
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Case No.: EC064907
Hearing Date: December 13, 2019
[TENTATIVE] order RE: motion to set aside the judgment pursuant to ccp §473(b) |
BACKGROUND
A. Allegations of Complaint
Plaintiff Discover Bank (“Plaintiff”) filed this complaint against Defendant Hripsime Minasyan (“Defendant”) on January 28, 2016, alleging a single cause of action for common counts. Plaintiff alleges that within the past 4 years, there was a written account between the parties wherein Defendant is indebted to Plaintiff. The total sum is for $29,419.82.
B. Relevant Background and Motion to Vacate Default
The default of Defendant was entered on March 23, 2016.
On April 20, 2016, the default judgment of Defendant was entered in the amount of $29,923.82.
On September 24, 2019, Plaintiff filed the motion to set aside the entry of default judgment against Defendant. The Court is not in receipt of an opposition brief.
DISCUSSION
Plaintiff moves to set aside the entry of default entered against Defendant. Plaintiff states that unbeknownst to Plaintiff until after the entry of judgment, Defendant had passed away on January 2, 2016.
Plaintiff’s counsel, Abril Ruiz, states that Plaintiff had requested entry of default on March 23, 2016 and entry of default judgment on April 20, 2016, not knowing that Defendant had passed away. (Ruiz Decl., ¶3.)
The motion is not properly brought under CCP §473(b) as there is no showing that the default or default judgment were entered as a result of mistake, inadvertence, surprise, excusable neglect, or attorney fault, plus the motion was not brought within 6 months of the judgment.
Nevertheless, in light of the circumstances regarding entry of default and default judgment, the Court on will set aside the default and default judgment pursuant to CCP §473(d).
CONCLUSION AND ORDER
Plaintiff’s motion to set aside the default judgment entered April 20, 2016 is granted pursuant to CCP §473(d).
The Court sets an OSC re Status of the Case and Whether Dismissal Should be Entered in light of Defendant’s death and a Case Management Conference for January 30, 2020 at 8:30 a.m.
Plaintiff shall give notice of this order.