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This case was last updated from Los Angeles County Superior Courts on 01/07/2021 at 12:56:51 (UTC).

PRIDE ACQUISITIONS LLC VS. SAMUEL D. KIM

Case Summary

On 01/15/2013 PRIDE ACQUISITIONS LLC filed a Contract - Debt Collection lawsuit against SAMUEL D KIM. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judges overseeing this case are RANDY RHODES and MELVIN D. SANDVIG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4420

  • Filing Date:

    01/15/2013

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RANDY RHODES

MELVIN D. SANDVIG

 

Party Details

Plaintiff

PRIDE ACQUISITIONS LLC

Defendant

KIM SAMUEL D.

Assignee

UNIFUND CCR LLC

Not Classified By Court

LANG RICHERT AND PATCH

Attorney/Law Firm Details

Plaintiff Attorneys

QUALL MICHAEL W.

REICH MICHAEL W.

QUALL MATTHEW WARREN

 

Court Documents

Legacy Document - LEGACY DOCUMENT TYPE: COMPLAINT FILED-SUMMONS ISSUED

1/15/2013: Legacy Document - LEGACY DOCUMENT TYPE: COMPLAINT FILED-SUMMONS ISSUED

Civil Case Cover Sheet

1/15/2013: Civil Case Cover Sheet

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

1/15/2013: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Summons

1/15/2013: Summons

Proof of Service (not Summons and Complaint)

3/28/2013: Proof of Service (not Summons and Complaint)

Notice Re: Continuance of Hearing and Order

5/9/2013: Notice Re: Continuance of Hearing and Order

Minute Order - MINUTE ORDER ENTERED: 2013-07-12 00:00:00

7/12/2013: Minute Order - MINUTE ORDER ENTERED: 2013-07-12 00:00:00

Notice and Acknowledgment of Receipt

3/10/2014: Notice and Acknowledgment of Receipt

Notice of Change of Address or Other Contact Information

2/10/2015: Notice of Change of Address or Other Contact Information

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

8/27/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Motion to Vacate - NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

7/10/2020: Motion to Vacate - NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [ORDER ON COURT FEE WAIVER (SUPERIOR COURT)]

7/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [ORDER ON COURT FEE WAIVER (SUPERIOR COURT)]

Order on Court Fee Waiver (Superior Court)

7/17/2020: Order on Court Fee Waiver (Superior Court)

Notice of Motion

8/3/2020: Notice of Motion

Proof of Service by Mail

8/24/2020: Proof of Service by Mail

Notice - NOTICE OF NON-OPPOSITION TO DEFENDANT SAMUEL D. KIM'S MOTION TO SET ASIDE DEFAULT JUDGMENT

9/16/2020: Notice - NOTICE OF NON-OPPOSITION TO DEFENDANT SAMUEL D. KIM'S MOTION TO SET ASIDE DEFAULT JUDGMENT

General Denial

10/1/2020: General Denial

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

11/5/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

27 More Documents Available

 

Docket Entries

  • 03/01/2021
  • Hearing03/01/2021 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Non-Jury Trial

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  • 02/19/2021
  • Hearing02/19/2021 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Final Status Conference

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  • 02/19/2021
  • Hearing02/19/2021 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Mandatory Settlement Conference (MSC)

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  • 12/08/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Order to Show Cause Re: (Sanctions for Plaintiff's Failure to Appear) - Held

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  • 12/08/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Held

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  • 12/08/2020
  • DocketMinute Order ( (ORDER TO SHOW CAUSE RE SANCTIONS FOR PLAINTIFF'S FAILURE TO A...)); Filed by Clerk

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  • 11/05/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Held - Continued

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  • 11/05/2020
  • DocketCertificate of Mailing for ((CASE MANAGEMENT CONFERENCE) of 11/05/2020); Filed by Clerk

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  • 11/05/2020
  • DocketMinute Order ( (CASE MANAGEMENT CONFERENCE)); Filed by Clerk

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  • 10/21/2020
  • DocketCase Management Statement; Filed by SAMUEL D. KIM (Defendant)

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30 More Docket Entries
  • 05/30/2013
  • DocketNotice of Hearing; Filed by PRIDE ACQUISITIONS LLC (Plaintiff)

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  • 05/09/2013
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 03/28/2013
  • DocketProof of Service (not Summons and Complaint); Filed by PRIDE ACQUISITIONS LLC (Plaintiff)

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  • 03/19/2013
  • DocketDeclaration; Filed by PRIDE ACQUISITIONS LLC (Plaintiff)

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  • 01/29/2013
  • DocketDeclaration; Filed by PRIDE ACQUISITIONS LLC (Plaintiff)

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  • 01/15/2013
  • DocketCivil Case Cover Sheet; Filed by PRIDE ACQUISITIONS LLC (Plaintiff)

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  • 01/15/2013
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 01/15/2013
  • DocketSummons; Filed by null

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  • 01/15/2013
  • DocketNotice (of All Purpose Case Assignment and Notice of Case Management Conference); Filed by Clerk

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  • 01/15/2013
  • DocketDeclaration; Filed by PRIDE ACQUISITIONS LLC (Plaintiff)

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Tentative Rulings

Case Number: PC054420    Hearing Date: September 22, 2020    Dept: F47

Dept. F-47

Date: 9/22/20

Case #PC054420

MOTION TO SET ASIDE DEFAULT & DEFAULT JUDGMENT

Motion filed on 7/10/20.

MOVING PARTY: Defendant Samuel D. Kim

RESPONDING PARTY: Plaintiff Pride Acquisitions, LLC

NOTICE: ok

RELIEF REQUESTED: An order that the default and default judgment entered against Defendant in this case be set aside.

RULING: The request to set aside the default and default judgment is granted. Defendant is ordered to file a response to the complaint within 10 days of the hearing on this motion.

Default judgment was entered against Defendant on 10/15/13. Defendant moves to vacate the default judgment and underlying default on the grounds that service of the summons did not result in his actual notice of the action in time to defend, the judgment and/or default are void, and defect in method of serving the summons. Plaintiff has filed a notice of non-opposition to the motion.

Civil Code 1788.61 provides:

(a)(1) Notwithstanding Section 473.5 of the Code of Civil Procedure, if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set aside the default or default judgment and for leave to defend the action.

(2) Except as provided in paragraph (3), the notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of:

(A) Six years after entry of the default or default judgment against the person.

(B) One hundred eighty days of the first actual notice of the action.

(3)(A) Notwithstanding paragraph (2), in the case of identity theft or mistaken identity, the notice of motion shall be served and filed within a reasonable time, but in no event exceeding 180 days of the first actual notice of the action.

(B)(i) In the case of identity theft, the person alleging that he or she is a victim of identity theft shall provide the court with either a copy of a Federal Trade Commission Identity Theft Victim's Complaint and Affidavit or a copy of a police report filed by the person alleging that he or she is the victim of an identity theft crime, including, but not limited to, a violation of Section 530.5 of the Penal Code, for the specific debt associated with the judgment.

(ii) In the case of mistaken identity, the moving party shall provide relevant information or documentation to support the claim that he or she is not the party named in the judgment or is not the person who incurred or owes the debt.

(b) A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by Section 1005 of the Code of Civil Procedure, and it shall be accompanied by an affidavit stating under oath that the person's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The person shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action. Either party may introduce, and the court may consider, evidence in support of its motion or opposition, including evidence relating to the process server who appears on the proof of service of the summons and complaint.

(c) Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that the person's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, the court may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action. If the validity of the judgment is not challenged, the court may select an appropriate remedy other than setting aside the default or default judgment.

(d) This section shall apply to a default or default judgment entered on or after January 1, 2010, except in the case of identity theft or mistaken identity, in which case this section shall apply regardless of the date of the default or default judgment.

(e) This section shall not limit the equitable authority of the court or other available remedies under law.

Defendant indicates that he first learned of the default judgment entered against him in this case on 2/24/20. (Kim Decl. ¶7). The instant motion was served and filed within 180 days of 2/24/20.

Any request by Defendant to quash the service of the summons and/or dismiss the case is denied without prejudice. (See Motion p.5:18, p.6:18-19, Kim Decl. p.9:3-4). Such relief is not set forth in the notice of the motion. See CRC 3.1110(a). Additionally, it is not clear if Defendant is actually seeking to quash the service of the summons and complaint and/or dismiss the case as he indicates that he has attached his proposed Answer as Exhibit A to his declaration. (See Kim Decl. p.9:6-8). Although there is a page titled “Proposed Answer Exhibit A” attached to Defendant’s declaration, a proposed Answer is not included. Therefore, Defendant has 10 days from the date of the hearing on this motion to file and serve his response to the complaint.

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