On 09/15/2017 BIG3 BASKETBALL LLC filed a Personal Injury - Assault/Battery/Defamation lawsuit against CHAMPIONS LEAGUE INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JOHN P. DOYLE. The case status is Disposed - Judgment Entered.
****6117
09/15/2017
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JOHN P. DOYLE
BIG3 BASKETBALL LLC
LOS ANGELES SUPERSTARS INC.
AGUIRRE MARK
GEORGE CARL
CHAMPIONS LEAGUE INC.
DOES 1 TO 50
GERAGOS MARK J. ESQ.
GERAGOS MARK JOHN
12/1/2017: CASE MANAGEMENT STATEMENT
12/8/2017: AFFIDAVIT OF DUE DILIGENCE
12/8/2017: AFFIDAVIT OF DUE DILIGENCE
12/12/2017: AFFIDAVIT OF SERVICE
12/15/2017: Minute Order
2/5/2018: Minute Order
10/3/2017: PROOF OF SERVICE SUMMONS
9/22/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
9/15/2017: SUMMONS
4/24/2018: DEFENDANT'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES
9/12/2018: Minute Order
9/21/2018: ORDER STRIKING DEFENDANTS' ANSWER AND ENTERING DEFENDANTS' DEFAULT
1/25/2019: Minute Order
1/29/2019: Proof of Service (not Summons and Complaint)
5/11/2018: ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL?CIVIL
4/24/2018: NOTICE OF HEARING RE MOTION TO BE RELIEVED AS COUNSEL
5/1/2018: Minute Order
5/1/2018: AMENDED NOTICE OF HEARING RE MOTION TO BE RELIEVED AS COUNSEL
Docketat 08:30 AM in Department 58; Non-Appearance Case Review (ReBankruptcy) - Not Held - Vacated by Court
Docketat 08:30 AM in Department 58; Non-Appearance Case Review (ReBankruptcy) - Not Held - Vacated by Court
Docketat 08:30 AM in Department 58; Non-Appearance Case Review (ReBankruptcy) - Not Held - Vacated by Court
Docketat 08:30 AM in Department 58; Order to Show Cause Re: (Default Judgment) - Not Held - Vacated by Court
DocketJudgment (- Default Judgment By Court - Before Trial - 04/02/2019 entered for Plaintiff Big3 Basketball, LLC against Defendant Carl George; Defendant Mark Aguirre, joint and several.); Filed by Clerk
DocketRequest for Dismissal; Filed by Big3 Basketball, LLC (Plaintiff)
Docketat 10:15 AM in Department 58; Default Prove Up Hearing - Held
DocketMinute Order ( (Default Prove Up Hearing)); Filed by Clerk
Docketat 08:30 AM in Department 58; Default Prove Up Hearing - Held - Continued
DocketOrder - Dismissal; Filed by Court
DocketCASE MANAGEMENT STATEMENT
DocketProof-Service/Summons; Filed by Plaintiff/Petitioner
DocketPROOF OF SERVICE SUMMONS
DocketNotice of Case Management Conference; Filed by Clerk
DocketOSC-Failure to File Proof of Serv; Filed by Clerk
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
DocketORDER TO SHOW CAUSE HEARING
DocketSUMMONS
DocketCOMPLAINT FOR DAMAGES: 1. DEFAMATION
DocketComplaint; Filed by Big3 Basketball, LLC (Plaintiff)
Case Number: BC676117 Hearing Date: November 15, 2019 Dept: 58
Judge John P. Doyle
Department 58
Hearing Date: November 15, 2019
Case Name: BIG3 Basketball, LLC v. Champions League, Inc., et al.
Case No.: BC676117
Motion: Motion to Set Aside Default/Default Judgment
Moving Party: Defendant Carl George
Responding Party: Unopposed
Tentative Ruling: The Motion to Set Aside Default/Default Judgment is denied.
On August 29, 2019, Defendant Carl George filed a Motion to Set Aside the Default and Default Judgment entered against him in this action. The Motion seeks relief pursuant to Code Civ. Proc §§ 473(b), 473(d), 473.5.
Service of Motion
The proof of service for the Motion is invalid because it demonstrates that a party to the action—Defendant George—attempted service by mail. (Code Civ. Proc. § 1013a.) This alone requires denial of the Motion.
Discretionary Relief per Code Civ. Proc. § 473(b)
Defendant’s default was entered on September 12, 2018,[1] and default judgment was entered against him on April 2, 2019.
Discretionary relief under Code Civ. Proc. § 473(b) must be sought within six months of entry of default, and mandatory relief must be sought within six months of entry of default judgment. (Sugasawara v. Newland (1994) 27 Cal. App. 4th 294, 297.) This deadline is jurisdictional (Manson, Iver & York v. Black (2009) 176 Cal. App. 4th 36, 42), and cannot be extended by Code Civ. Proc. § 1013 (see Camper v. Workers' Comp. Appeals Bd. (1992) 3 Cal. 4th 679, 686.) Six-months is the equivalent of 182 days. (Gov. Code § 6803; Davis v. Thayer (1980) 113 Cal.App.3d 892, 903.) Further, “[t]he time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.” (Code Civ. Proc. § 12.)
The Motion—to the extent seeking discretionary relief under Code Civ. Proc. § 473(b)—is untimely because it was filed more than six months after entry of Defendant’s September 12, 2018, default.
(c) Intrinsic Fraud
Defendant argues his default/default judgment should be set aside due to intrinsic fraud. That is, Defendant argues the allegations in the Complaint and the evidence filed by Plaintiff were false.
However, to the extent relief is sought under Code Civ. Proc. § 473(b), such request is, as explained above, untimely.
(d) Faulty Service/Extrinsic Fraud
Defendant argues that he had no notice of this action or the proceedings therein until after his default.
Defendant’s contention that he was not served with the Complaint or summons is without merit because Defendant made an appearance by filing an Answer. Thus, relief under Code Civ. Proc. § 473.5 is inapplicable.
As to the contention that Defendant received no notice of the subsequent proceedings in this action, there is no admissible evidence in support of this because Plaintiff’s declaration is improperly signed under penalty of perjury under Minnesota law. To be valid, a declaration must be executed under penalty of perjury under the laws of the State of California. (Code Civ. Proc. § 2015.5.)
The Motion to Set Aside Default/Default Judgment is denied.
[1] The Court struck Defendant’s Answer.