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.
****0791
02/19/2016
Disposed - Judgment Entered
Stanley Mosk Courthouse
Los Angeles, California
GREGORY KEOSIAN
HAWKES WILLIAM
WESTBROOK JAMES A.
DOES 1-20
BEROKIM & DUELS P.C.
3/5/2018: Minute Order
4/19/2018: REQUESET FOR COURT JUDGMENT
4/26/2018: REQUEST FOR DISMISSAL
2/25/2016: NOTICE OF CASE MANAGEMENT CONFERENCE
4/15/2016: Minute Order
5/17/2016: Minute Order
7/18/2016: Minute Order
9/28/2016: Minute Order
10/27/2016: Minute Order
12/9/2016: Minute Order
2/3/2017: Minute Order
3/6/2017: REQUEST FOR ENTRY OF DEFAULT
4/5/2017: STATEMENT OF DAMAGES
4/5/2017: Proof of Service
4/5/2017: REQUEST FOR ENTRY OF DEFAULT
6/6/2017: Minute Order
7/24/2017: NOTICE RE: CONTINUANCE OF HEARING
10/19/2017: Minute Order
at 3:30 PM in Department 61; Court Order - Held
Request for Dismissal; Filed by William Hawkes (Plaintiff)
Minute Order
REQUEST FOR DISMISSAL
at 09:00 AM in Department 61; Unknown Event Type - Held
Minute Order
Default Judgment; Filed by William Hawkes (Plaintiff)
REQUESET FOR COURT JUDGMENT
JUDGMENT
Request for Entry of Default / Judgment; Filed by William Hawkes (Plaintiff)
Minute Order
at 09:00 AM in Department 61; (OSC - No Return of Service; Continued by Court) -
Minute Order
OSC-Failure to File Proof of Serv; Filed by Clerk
ORDER TO SHOW CAUSE HEARING
NOTICE OF CASE MANAGEMENT CONFERENCE
Notice of Case Management Conference; Filed by Clerk
SUMMONS
COMPLAINT FOR DAMAGES 1. BREACH OF CONTRACT; ETC
Complaint; Filed by William Hawkes (Plaintiff)
Case Number: BC610791 Hearing Date: November 20, 2019 Dept: 61
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
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.