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This case was last updated from Los Angeles County Superior Courts on 07/02/2019 at 08:31:23 (UTC).

ROSA SAUCEDO VS. SERGIO SAN VICENTE, ET AL

Case Summary

On 11/28/2016 ROSA SAUCEDO filed a Property - Other Real Property lawsuit against SERGIO SAN VICENTE. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4925

  • Filing Date:

    11/28/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Van Nuys Courthouse East

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

SAUCEDO ROSA

Defendants

DOES 1-10

SAN VICENTE SERGIO

SAN VI MANAGEMENT

GOLD SHIELD ALLIANCE LLC

EIB GLOBAL INC.

EIB GLOBAL INC

Attorney/Law Firm Details

Plaintiff Attorney

CARA ANTHONY PAUL

 

Court Documents

Proof of Service by Mail

7/3/2018: Proof of Service by Mail

Motion for Attorney Fees

7/30/2018: Motion for Attorney Fees

Memorandum of Costs (Summary)

7/30/2018: Memorandum of Costs (Summary)

Judgment

7/30/2018: Judgment

Minute Order

7/30/2018: Minute Order

Judgment

8/20/2018: Judgment

Order

8/20/2018: Order

 

Docket Entries

  • 08/20/2018
  • Order

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  • 08/20/2018
  • Default Judgment; Filed by Plaintiff

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  • 08/20/2018
  • Order

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  • 08/20/2018
  • Judgment FIRST AMENDED JUDGMENT

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  • 07/30/2018
  • at 08:31 AM in Department W; Hearing on Motion for Attorney Fees (Motion For Attorney Fees; Granted) -

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  • 07/30/2018
  • Minute Order

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  • 07/30/2018
  • Memorandum of Costs; Filed by Rosa Saucedo (Plaintiff)

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  • 07/30/2018
  • Default Judgment; Filed by Rosa Saucedo (Plaintiff)

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  • 07/30/2018
  • Memorandum of Costs (Summary)

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  • 07/30/2018
  • Motion for Attorney Fees

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48 More Docket Entries
  • 01/26/2017
  • Proof of Service-By Mailing; Filed by Rosa Saucedo (Plaintiff)

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  • 01/19/2017
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 01/19/2017
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 01/03/2017
  • at 00:00 AM in Department W; Unknown Event Type

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  • 12/29/2016
  • Proof of Service of Summons and Complaint; Filed by Rosa Saucedo (Plaintiff)

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  • 12/29/2016
  • Proof of Service of Summons and Complaint; Filed by Rosa Saucedo (Plaintiff)

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  • 12/29/2016
  • Declaration re: Due Diligence; Filed by Rosa Saucedo (Plaintiff)

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  • 11/28/2016
  • Complaint; Filed by Rosa Saucedo (Plaintiff)

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  • 11/28/2016
  • Summons; Filed by Rosa Saucedo (Plaintiff)

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  • 11/28/2016
  • Notice of Case Management Conference; Filed by Clerk

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Tentative Rulings

Case Number: LC104925    Hearing Date: August 21, 2020    Dept: W

rosa saucedo v. sergio san vicente, et al.

motion to set aside default and default judgment

Date of Hearing: August 21, 2020 Trial Date: None set.

Department: W Case No.: LC104925

Moving Party: Defendant Sergio San Vicente

Responding Party: Plaintiff Rosa Saucedo

BACKGROUND

Plaintiff alleges Defendants violated Civil Code section 2945.4. Defendants defaulted and the court held a default prove up hearing. Thereafter, judgment was entered in favor of Plaintiff and the court included attorney fees.

Defendant now moves to set aside the default and default judgment.

[Tentative] Ruling

Defendants’ Motion to Set Aside Default and Default Judgment is CONTINUED.

DISCUSSION

Defendant Sergio San Vicente moves to set aside the default and default judgment on several grounds including the complaint did not include a Prayer for Relief for damages nor did the body of the complaint describe specific monetary damages. Defendant Sergio San Vicente claims the money judgment entered therefore also exceeds the amount requested in the complaint as there is no request for any specific amount of monetary damages. Defendant Sergio San Vicente further moves to set aside the default and default judgment on the grounds Plaintiff could not cure this issue by later serving a Statement of Damages.

In opposition, Plaintiff argues Defendant has waived his ability to contest the underlying judgment in state court or challenge the authority of the bankruptcy court to enter a final judgment because he consented to the bankruptcy court’s authority to enter a final judgment and/or order. (See Exhibit 5.)

Plaintiff failed to cite any legal authority in support of their argument, which renders their position unsubstantiated. This failure is mystifying, as the parties must cite supporting legal authority in briefs submitted to the court. (See Cal. Rule of Court, rule 3.1113(b) [“The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.”].)

Based on the foregoing, the court continues the matter. Plaintiff is ordered to provide supplemental briefing providing legal authority regarding Defendant’s waiver of ability to contest the default judgment in the civil proceeding. In addition, plaintiff is ordered to provide a copy of the Statement of Damages served on defendant.

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