On 12/14/2009 VOURNAS COFFEE TRADING, LLC filed a Contract - Other Contract lawsuit against NEWHALL COFFEE ROASTING CO. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judges overseeing this case are MARGARET L. OLDENDORF, BURT PINES, STEPHEN P. PFAHLER and MELVIN D. SANDVIG. The case status is Disposed - Judgment Entered.
****7118
12/14/2009
Disposed - Judgment Entered
Los Angeles County Superior Courts
Chatsworth Courthouse
Los Angeles, California
MARGARET L. OLDENDORF
BURT PINES
STEPHEN P. PFAHLER
MELVIN D. SANDVIG
VOURNAS COFFEE TRADING LLC
MCMULLEN KYLE
MCMULLEN MITCHELL
NEWHALL COFFEE ROASTING COMPANY
NEUSTADT & BERRIZ
LAW OFFICES OF NEUSTADT & BERRIZ
BERRIZ ARMANDO J
BERRIZ ARMANDO J.
FISHKIN JEFFREY A.
12/2/2013: Other - - OTHER - NOTICE OF REJECTION
12/17/2013: Other - - OTHER - NOTICE OF REJECTION
12/23/2013: Legacy Document - LEGACY DOCUMENT TYPE: MEMORANDUM OF COSTS
10/7/2014: Other - - OTHER - RETURN WRIT ON ATTACHMENT/EXECUTION
7/21/2020: Motion for Order - MOTION FOR ORDER TO FILE APPLICATION FOR AND RENEWAL OF JUDGMENT
7/21/2020: Notice of Change of Address or Other Contact Information - NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION INCLUDING FIRM NAME
11/9/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO FILE APPLICATION FOR AND RENEWAL OF JUDG...)
12/2/2020: Application for and Renewal of Judgment
12/2/2020: Notice - NOTICE OF RENEWAL OF JUDGMENT
12/2/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by VOURNAS COFFEE TRADING, LLC (Plaintiff)
DocketApplication for and Renewal of Judgment; Filed by VOURNAS COFFEE TRADING, LLC (Plaintiff)
DocketNotice (of Renewal of Judgment); Filed by VOURNAS COFFEE TRADING, LLC (Plaintiff)
Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion - Other (to File Application for and Renewal of Judgment) - Held
Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Motion for Reconsideration - Not Held - Continued - Court's Motion
DocketMinute Order ( (HEARING ON MOTION TO FILE APPLICATION FOR AND RENEWAL OF JUDG...)); Filed by Clerk
DocketNotice of Change of Address or Other Contact Information (including Firm Name); Filed by Armando J. Berriz (Attorney)
DocketMotion for Order (to File Application for and Renewal of Judgment); Filed by VOURNAS COFFEE TRADING, LLC (Plaintiff)
DocketOther - (Return Writ on Attachment/Execution); Filed by Clerk
DocketWrit of Execution; Filed by VOURNAS COFFEE TRADING, LLC (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by Armando J Berriz (Attorney)
DocketProof of Service (not Summons and Complaint); Filed by Armando J Berriz (Attorney); VOURNAS COFFEE TRADING, LLC (Plaintiff)
DocketProof of Service (RE: SUMMONS SERVED NEWHALL COFFEE ROASTING COMPANY, MITCH ANDREW MCMULLEN AGENT BY SUBSERVING SONIA MONJEAU ON 01/14/10); Filed by Attorney for Plaintiff
DocketProof of Service (RE: SUMMONS SERVED MITCHELL MCMULLEN BY SUBSERVING SONIA MONJEAU ON 1/18/10 ); Filed by Attorney for Plaintiff
DocketCivil Case Cover Sheet; Filed by Clerk
DocketSummons; Filed by null
DocketNotice (Of All Purpose Case Assignment); Filed by Clerk
DocketSummons Filed
DocketComplaint filed-Summons Issued
DocketComplaint filed-Summons Issued; Filed by null
Case Number: PC047118 Hearing Date: November 09, 2020 Dept: F47
Dept. F-47
Date: 11/9/20
Case #PC047118
MOTION FOR ORDER TO FILE APPLICATION FOR
&
RENEWAL OF JUDGMENT
Motion filed on 7/21/20.
MOVING PARTY: Plaintiff Vournas Coffee Trading, LLC
RESPONDING PARTY: Defendants Newhall Coffee Roasting Company and Mitchell McMullen
RELIEF REQUESTED: An order allowing the late filing of an Application for a Renewal of Judgment.
RULING:
In 2009, Plaintiff filed this action against Defendants Newhall Coffee Roasting Company, Mitchell McMullen and Kyle McMullen for breach of contract. Defendant Kyle McMullen filed for bankruptcy. On 6/15/10, default judgment was entered against the remaining defendants in the amount of $657,882.86. Defendants’ motion to set aside the judgment was denied.
A renewal of judgment must be filed within 10 years of the entry of judgment. See CCP 683.010 – CCP 683.220. On 6/9/20, Plaintiff’s attorney e-filed an Application for and Renewal of Judgment. (Berriz Decl., Ex.1, 2). On 6/16/20, the Court clerk served a Notice of Rejection of the application stating that the court address was incorrect, plaintiff’s name did not match the records and other defendants were missing. (Berriz Decl., Ex.2). The defects in the application were Plaintiff’s attorney’s fault. (Berriz Decl.). On 6/16/20, Plaintiff’s attorney attempted to re-file a corrected application; however, it was rejected as being untimely. (Berriz Decl., Ex.3).
Pursuant to CCP 473(b), Plaintiff seeks an order allowing the late filing of an Application For And Renewal of Judgment based on its attorney’s fault. The application is attached to the declaration of attorney Berriz as Ex.4. Upon examination of Ex.4, it appears that the name of the judgment creditor/applicant/plaintiff set forth in number 1 is still incorrect (Cournas Coffee Trading, LLC v. Vournas Coffee Trading, LLC). Also, it is not clear why Andrew Vournas is listed as an applicant as he is not the plaintiff/judgment creditor.
Upon Plaintiff’s submission of a corrected/amended Application For And Renewal of Judgment, the motion will be granted and the application will be entered. Upon the entry of the renewal of the judgment, Plaintiff/Judgment Creditor must serve notice of renewal of the judgment on the judgment debtor pursuant to CCP 683.160.