This case was last updated from Los Angeles County Superior Courts on 12/11/2021 at 03:27:12 (UTC).

ATOMIC CONTAINER HOMES, INC. VS ASHLEY MYUNG SHIN KIM

Case Summary

On 11/13/2017 ATOMIC CONTAINER HOMES, INC filed a Contract - Other Contract lawsuit against ASHLEY MYUNG SHIN KIM. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judges overseeing this case are BOBBI TILLMON and LISA HART COLE. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8363

  • Filing Date:

    11/13/2017

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BOBBI TILLMON

LISA HART COLE

 

Party Details

Plaintiff

ATOMIC CONTAINER HOMES INC.

Defendant

KIM ASHLEY MYUNG SHIN

Attorney/Law Firm Details

Plaintiff Attorney

CUMMING WILLIAM R.

Defendant Attorney

MANN JEFF A.

 

Court Documents

Complaint

11/13/2017: Complaint

Civil Case Cover Sheet

11/13/2017: Civil Case Cover Sheet

Summons

11/13/2017: Summons

Legacy Document - LEGACY DOCUMENT TYPE: PROOF-SERVICE/SUMMONS

1/18/2018: Legacy Document - LEGACY DOCUMENT TYPE: PROOF-SERVICE/SUMMONS

Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED

2/15/2018: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED

Minute Order - MINUTE ORDER ENTERED: 2018-03-13 00:00:00

3/13/2018: Minute Order - MINUTE ORDER ENTERED: 2018-03-13 00:00:00

Request for Entry of Default / Judgment

4/17/2018: Request for Entry of Default / Judgment

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

4/18/2018: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Minute Order - MINUTE ORDER ENTERED: 2018-04-26 00:00:00

4/26/2018: Minute Order - MINUTE ORDER ENTERED: 2018-04-26 00:00:00

Minute Order - MINUTE ORDER ENTERED: 2018-05-29 00:00:00

5/29/2018: Minute Order - MINUTE ORDER ENTERED: 2018-05-29 00:00:00

Minute Order - MINUTE ORDER ENTERED: 2018-08-07 00:00:00

8/7/2018: Minute Order - MINUTE ORDER ENTERED: 2018-08-07 00:00:00

Motion re: - MOTION RE: TO VACATE AND SET ASIDE DEFAULT AND DEFAULT JUDGEMENT

10/18/2019: Motion re: - MOTION RE: TO VACATE AND SET ASIDE DEFAULT AND DEFAULT JUDGEMENT

Notice of Case Reassignment and Order for Plaintiff to Give Notice

3/18/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice Re: Continuance of Hearing and Order

3/18/2020: Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order

3/24/2020: Notice Re: Continuance of Hearing and Order

Writ - Return - WRIT - RETURN WITH LEVY

4/10/2020: Writ - Return - WRIT - RETURN WITH LEVY

Notice Re: Continuance of Hearing and Order

4/22/2020: Notice Re: Continuance of Hearing and Order

Unknown - NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS

4/22/2020: Unknown - NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS

21 More Documents Available

 

Docket Entries

  • 10/14/2020
  • Docketat 08:30 AM in Department O; Case Management Conference - Not Held - Vacated by Court

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  • 10/13/2020
  • DocketRequest for Dismissal; Filed by ATOMIC CONTAINER HOMES, INC. (Plaintiff)

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  • 07/17/2020
  • DocketNotice of Ruling; Filed by ATOMIC CONTAINER HOMES, INC. (Plaintiff)

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  • 07/16/2020
  • Docketat 08:30 AM in Department O; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Held - Motion Granted

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  • 07/16/2020
  • DocketMinute Order ( (Hearing on Defendant's Motion to Set Aside/Vacate Default and...)); Filed by Clerk

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  • 06/16/2020
  • Docketat 08:30 AM in Department O; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Not Held - Rescheduled by Court

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  • 04/27/2020
  • Docketat 08:30 AM in Department O; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Not Held - Continued - Court's Motion

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  • 04/22/2020
  • DocketNotice of Continuance Due to COVID-19 State of Emergency Declarations; Filed by Clerk

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  • 04/22/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 04/10/2020
  • DocketWrit - Return (With Levy)

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51 More Docket Entries
  • 02/15/2018
  • DocketDefault Entered; Filed by ATOMIC CONTAINER HOMES, INC. (Plaintiff)

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  • 02/15/2018
  • DocketDefault Entered (AS TO: ASHLEY MYUNG SHIN KIM, IND. ENTERED ); Filed by Attorney for Plaintiff

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  • 02/15/2018
  • DocketRequest for Entry of Default (AS TO: ASHLEY MYUNG SHIN KIM, AN INDIVIDUAL - RECEIVED ); Filed by Attorney for Plaintiff

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  • 01/18/2018
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff

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  • 01/18/2018
  • DocketProof-Service/Summons; Filed by ATOMIC CONTAINER HOMES, INC. (Plaintiff)

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  • 11/13/2017
  • DocketComplaint Filed

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  • 11/13/2017
  • DocketCivil Case Cover Sheet; Filed by ATOMIC CONTAINER HOMES, INC. (Plaintiff)

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  • 11/13/2017
  • DocketSummons; Filed by Plaintiff

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  • 11/13/2017
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 11/13/2017
  • DocketComplaint; Filed by ATOMIC CONTAINER HOMES, INC. (Plaintiff)

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Tentative Rulings

Case Number: ****8363    Hearing Date: July 16, 2020    Dept: O

Case Name: Atomic Container Homes, Inc. v. Kim, et al.

Case No.: ****8363 Complaint Filed: 11-13-17

Hearing Date: 7-16-20 Discovery C/O: None

Calendar No.: 7 Discover Motion C/O: None

POS: OK Trial Date: None

SUBJECT: MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT 

MOVING PARTY: Defendant Ashley Myung Shin Kim

RESP. PARTY: None as of 7-9-20.  Due on 7-2-20.

TENTATIVE RULING

Defendant’s Motion to Set Aside/Vacate Default and Default Judgment is GRANTED.

“The court may, upon motion of the injured party, or its own motion, correct clerical

mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed,

and may, on motion of either party after notice to the other party, set aside any void judgment or

order.” CCP ;473(d).

“Compliance with the statutory procedures for service of process is essential to establish personal jurisdiction.  Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.  Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service.”  Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.  

CCP ;473(d) does not contain any express deadline for seeking relief. “The court may,

upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or

orders as entered, so as to conform to the judgment or order directed, and may, on motion of

either party after notice to the other party, set aside any void judgment or order.” CCP ;473(d).

Default judgments that are void on their face may be vacated at any time under section

473(d). “A judgment or order that is invalid on the face of the record is subject to collateral

attack. It follows that it may be set aside on motion, with no limit on the time within which the

motion must be made.”  Trackman v. Kenney (2010) 187 Cal.App.4th 175, 181.

However, a motion for relief from a judgment valid on its face but void for improper

service, is governed by analogy to CCP ;473.5. Thus, relief must be sought no later than 2 years

after entry of the default judgment, sooner if notice is given.  See Rogers v. Silverman (1989)

216 Cal.App.3d 1114, 1121-1122 (process server served wrong person).

Defendant filed her motion to set aside default and default judgment on 10-18-19.  The default was entered against her on 2-15-18, and the default judgment was entered against her on 9-5-18.  No written notice of entry of the default or default judgment was served on Defendant.  As such, Defendant’s request for relief under CCP ;473(d) based on a void default judgment for lack of service was timely filed within two years of entry of the default judgment.  

Defendant also rebuts any presumption of proper service.  See Dill v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4th 1426, 1441-1442 (proper POS raises rebuttable presumption of proper service).  Defendant testifies that she resides and works at 1433 6th Street, Apt. H, Santa Monica, CA 90402.  See Motion, Dec. of A. Kim, ¶6.  The POS of complaint and summons indicates service at 302 Colorado Ave, Santa Monica, CA 90401, Kim’s purported business address.  See POS filed on 1-18-18.  

The burden is on the plaintiff to prove that service of process was effective when the defendant challenges the trial court's personal jurisdiction.  See Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.  The Court notes Plaintiff did not file an opposition by the due date of 3-13-20.

The motion to set aside the default and default judgment is GRANTED.  Because service was void ab initio, Plaintiff was not obligated to answer the complaint and is not required to do so until Defendant establishes proper service.  “A defendant is under no duty to respond in any way to a defectively served summons.”  See Kappel v. Bartlett (1988) 200 Cal.App.3d 1457, 1466; see also Slaughter v. Legal Process & Courier Service (1984) 162 Cal.App.3d 1236, 1251 (requirement of notice "is not satisfied by actual knowledge without notification conforming to the statutory requirements").



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