MAYRA MACIAS VS ANA RODRIGUEZ
Case Summary
On 05/12/2016 MAYRA MACIAS filed a Contract - Other Contract lawsuit against ANA RODRIGUEZ. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are LORI ANN FOURNIER, RAUL A. SAHAGUN, MARGARET MILLER BERNAL and BRIAN F. GASDIA. The case status is Pending - Other Pending.
Case Details
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Case Number:
****5544
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Filing Date:
05/12/2016
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Case Status:
Pending - Other Pending
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Courthouse:
Norwalk Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
LORI ANN FOURNIER
RAUL A. SAHAGUN
MARGARET MILLER BERNAL
BRIAN F. GASDIA
Party Details
Plaintiffs and Cross Defendants
MACIAS MAYRA
RODRIGUEZ ANA
OSWALDO RODRIGUEZ AN INDIVIDUAL
GUEVARA MERLYN
OSWALDO RODRIGUEZ AN
FRANCISCO RODRIGUEZ AN INDIVIDUAL
RIGHT ALL PERSONS UNKNOWN CLAIMING ANY
Defendants, Cross Plaintiffs and Cross Defendants
GUEVARA MERLYN AN INDIVIDUAL
RODRIGUEZ ANA AN INDIVIDUAL
RODRIGUEZ OSVALDO AN INDIVIDUAL
RODRIGUEZ ANA
EDWARD FRISH
FRANCISCO GRANADENO
OSWALDO RODRIGUEZ AN INDIVIDUAL
RODRIGUEZ OSVALDO
CARLOS ARGUETA
RODRIGUEZ FRANCISCO
GUEVARA MERLYN
GRANADENO FRANCISCO
OSWALDO RODRIGUEZ AN
FRISH EDWARD
TEHION KIM
CENTURY 21 POWERHOUSE REALTY A
FRANCISCO RODRIGUEZ
Attorney/Law Firm Details
Plaintiff Attorneys
SANCHEZ DENNIS JOHN LAW OFFICES OF
SANCHEZ DENNIS JOHN
Defendant and Cross Plaintiff Attorneys
FRISH LAW GROUP APLC
FRISH VADIM FELIX
TREDWAY LUMSDAINE & DOYLE LLP
WILSON ELSER MOSKOWITZ EDELMAN & DICKER
ERLICH RINAT B
MANNING & KASS ELLROD RAMIREZ TRESTER
CUNNINGHAM TREADWELL & BARTELSTONE
EISEN DAVID STUART
MACHAT & ASSOCIATES PC
CUNNINGHAM FRANCIS JOSEPH III
MACHAT MICHAEL
Cross Defendant Attorney
GAUGH KENNETH
Court Documents
9/23/2019: Notice - NOTICE OF CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE AND OSC RE SERVICE RESPONSE AND OR DEFAULT OF CROSS COMPLAINT
10/11/2019: Notice of Rejection Default/Clerk's Judgment
8/1/2016: Case Management Statement
12/19/2016: Legacy Document - LEGACY DOCUMENT TYPE: Stipulation and Order
1/11/2017: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl
2/16/2017: Minute Order - Minute order entered: 2017-02-16 00:00:00
2/21/2017: Legacy Document - LEGACY DOCUMENT TYPE: Answer to First Amended Complaint
3/23/2017: Legacy Document - LEGACY DOCUMENT TYPE: Answer to First Amended Complaint
6/27/2017: Minute Order - Minute order entered: 2017-06-27 00:00:00
7/19/2017: Minute Order - Minute order entered: 2017-07-19 00:00:00
10/17/2017: Request for Dismissal
4/27/2018: Notice - NOTICE OF SETTLEMENT AND APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT BY DEFT. DAVID KIM; {PROPOSED} ORDER
6/18/2018: Request for Dismissal
7/19/2018: Legacy Document - LEGACY DOCUMENT TYPE: Order
9/13/2018: Legacy Document - LEGACY DOCUMENT TYPE: Notice of Entry of Dismissal,& P&S
10/11/2018: Demurrer - with Motion to Strike (CCP 430.10) -
2/8/2019: Order - Order [Proposed] Order Granting Defendants. Century 21 Powerhouse Realty, Carlos Argueta and Francisco Granadeno's Application for Good Faith Settlement
2/14/2019: Answer
Docket Entries
- 03/11/2021
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Hearing03/11/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial
- 02/25/2021
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Hearing02/25/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status Conference
- 01/14/2021
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Hearing01/14/2021 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Order to Show Cause Re: regarding answer/responsive pleading/default as to defendants Francisco Rodriguez and Merlyn Guevara to the third amended complaint
- 01/14/2021
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Hearing01/14/2021 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Mandatory Settlement Conference (MSC)
- 11/20/2020
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DocketNotice of Ruling; Filed by MERLYN GUEVARA (Cross-Defendant)
- 11/20/2020
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DocketAnswer to Cross-Complaint; Filed by MERLYN GUEVARA (Cross-Defendant)
- 10/29/2020
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Docketat 09:30 AM in Department C; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Held - Motion Granted
- 10/29/2020
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DocketCourt Order/Ruling (Hearing 10-29-20); Filed by Clerk
- 10/29/2020
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DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)); Filed by Clerk
- 10/27/2020
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DocketSubstitution of Attorney; Filed by Merlyn Guevara (Defendant)
- 07/29/2016
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DocketRtn of Service of Summons & Compl; Filed by MAYRA MACIAS (Plaintiff)
- 07/26/2016
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DocketProof of Service
- 05/12/2016
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DocketCivil Case Cover Sheet; Filed by MAYRA MACIAS (Plaintiff)
- 05/12/2016
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DocketOther - (Notice of Settlement and Application for Determination of Good Faith Settlement [Proposed] Order); Filed by MAYRA MACIAS (Plaintiff)
- 05/12/2016
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DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff
- 05/12/2016
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DocketSummons Filed; Filed by Attorney for Plaintiff
- 05/12/2016
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DocketNotice of Case Management Conference; Filed by Clerk
- 05/12/2016
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DocketComplaint filed-Summons Issued
- 05/12/2016
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DocketNotice-Case Management Conference; Filed by Clerk
- 05/12/2016
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DocketSummons; Filed by Plaintiff
Tentative Rulings
Case Number: VC065544 Hearing Date: October 29, 2020 Dept: C
MACIAS v. RODRIGUEZ
CASE NO.: VC065544
HEARING: 10/29/2020
#4
TENTATIVE RULING
Cross-Defendant (in pro per) MERLYN GUEVARRA’s unopposed Motion to Set Aside Default and Default Judgment is GRANTED. CCP § 473(b).
Defendant GUEVARRA’s Proposed Answer separately lodged from the Moving Papers is NOT DEEMED SERVED AND FILED as of the date of the Court’s issuance of this Order. Cross-Defendant GUEVARRA is ORDERED to FILE and SERVE his Answer no later than 5 Court days from the Court’s issuance of this Order.
Moving Party to give notice.
No Opposition filed as of October 26, 2020. Due by October 16, 2020. (CCP §1005(b).)
All parties are ORDERED to appear for the Mandatory Settlement Conference scheduled for January 14, 2021 at 8:30 a.m. in Dept. SE-F.
Under CCP § 473(b), “[t]he court may…relieve a party or [his] legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The policy of hearing cases on their merits is well-established. (See, e.g. Berman v. Klassman (1971) 17 Cal.App.3d 900.) The Court finds the Declaration of Merlyn Guevarra sufficient to warrant to relief. The Court finds adequate grounds to allow Merlyn Guevarra the opportunity to defend himself on the merits of this action. Cross-Defendant MERLYN GUEVARRA’s unopposed motion to vacate entry of default and default judgment is granted.
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