This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 01:20:56 (UTC).

WILLIAM HAWKES VS JAMES A WESTBROOK

Case Summary

On 02/19/2016 WILLIAM HAWKES filed a Contract - Other Contract lawsuit against JAMES A WESTBROOK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GREGORY KEOSIAN. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0791

  • Filing Date:

    02/19/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GREGORY KEOSIAN

 

Party Details

Plaintiff and Petitioner

HAWKES WILLIAM

Defendants and Respondents

WESTBROOK JAMES A.

DOES 1-20

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

BEROKIM & DUELS P.C.

 

Court Documents

Minute Order

3/5/2018: Minute Order

REQUESET FOR COURT JUDGMENT

4/19/2018: REQUESET FOR COURT JUDGMENT

REQUEST FOR DISMISSAL

4/26/2018: REQUEST FOR DISMISSAL

NOTICE OF CASE MANAGEMENT CONFERENCE

2/25/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

Minute Order

4/15/2016: Minute Order

Minute Order

5/17/2016: Minute Order

Minute Order

7/18/2016: Minute Order

Minute Order

9/28/2016: Minute Order

Minute Order

10/27/2016: Minute Order

Minute Order

12/9/2016: Minute Order

Minute Order

2/3/2017: Minute Order

REQUEST FOR ENTRY OF DEFAULT

3/6/2017: REQUEST FOR ENTRY OF DEFAULT

STATEMENT OF DAMAGES

4/5/2017: STATEMENT OF DAMAGES

Proof of Service

4/5/2017: Proof of Service

REQUEST FOR ENTRY OF DEFAULT

4/5/2017: REQUEST FOR ENTRY OF DEFAULT

Minute Order

6/6/2017: Minute Order

NOTICE RE: CONTINUANCE OF HEARING

7/24/2017: NOTICE RE: CONTINUANCE OF HEARING

Minute Order

10/19/2017: Minute Order

18 More Documents Available

 

Docket Entries

  • 04/26/2018
  • at 3:30 PM in Department 61; Court Order - Held

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  • 04/26/2018
  • Request for Dismissal; Filed by William Hawkes (Plaintiff)

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  • 04/26/2018
  • Minute Order

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  • 04/26/2018
  • REQUEST FOR DISMISSAL

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  • 04/19/2018
  • at 09:00 AM in Department 61; Unknown Event Type - Held

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  • 04/19/2018
  • Minute Order

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  • 04/19/2018
  • Default Judgment; Filed by William Hawkes (Plaintiff)

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  • 04/19/2018
  • REQUESET FOR COURT JUDGMENT

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  • 04/19/2018
  • JUDGMENT

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  • 04/19/2018
  • Request for Entry of Default / Judgment; Filed by William Hawkes (Plaintiff)

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43 More Docket Entries
  • 05/17/2016
  • Minute Order

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  • 04/15/2016
  • at 09:00 AM in Department 61; (OSC - No Return of Service; Continued by Court) -

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  • 04/15/2016
  • Minute Order

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  • 02/25/2016
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 02/25/2016
  • ORDER TO SHOW CAUSE HEARING

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  • 02/25/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/25/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 02/19/2016
  • SUMMONS

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  • 02/19/2016
  • COMPLAINT FOR DAMAGES 1. BREACH OF CONTRACT; ETC

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  • 02/19/2016
  • Complaint; Filed by William Hawkes (Plaintiff)

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Tentative Rulings

Case Number: BC610791    Hearing Date: November 20, 2019    Dept: 61

  1. MOTION FOR RELIEF FROM DEFAULT

When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.

(Code Civ. Proc. § 473.5, subd. (a).)

Westbrook moves to set aside the default judgment entered against him on April 19, 2018, on the grounds that he lacked actual notice of this litigation. He testifies that the Proof of Service of Summons filed on November 8, 2016, which indicates personal service occurred at an address on Franklin Avenue in Los Angeles, is false, since Westbrook had moved away from that address in 2014. (Westbrook Decl. ¶ 11.) Westbrook claims that he first learned of this case in July 2019. (Westbrook Decl. ¶ 2.) This motion was filed on November 3, 2019, within two years of the April 19, 2018 judgment. No opposition to this motion has been filed, and Westbrook filed a proposed answer with his motion.

Westbrook’s Motion to Set Aside Default Judgment is GRANTED.

Case Number: BC610791    Hearing Date: November 19, 2019    Dept: 61

  1. MOTION FOR RELIEF FROM DEFAULT

When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.

(Code Civ. Proc. § 473.5, subd. (a).)

Westbrook moves to set aside the default judgment entered against him on April 19, 2018, on the grounds that he lacked actual notice of this litigation. He testifies that the Proof of Service of Summons filed on November 8, 2016, which indicates personal service occurred at an address on Franklin Avenue in Los Angeles, is false, since Westbrook had moved away from that address in 2014. (Westbrook Decl. ¶ 11.) Westbrook claims that he first learned of this case in July 2019. (Westbrook Decl. ¶ 2.) This motion was filed on November 3, 2019, within two years of the April 19, 2018 judgment. No opposition to this motion has been filed, and Westbrook filed a proposed answer with his motion.

Westbrook’s Motion to Set Aside Default Judgment is GRANTED.