This case was last updated from Los Angeles County Superior Courts on 11/10/2022 at 10:46:02 (UTC).

BIG3 BASKETBALL LLC VS CHAMPIONS LEAGUE INC

Case Summary

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 case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6117

  • Filing Date:

    09/15/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Assault/Battery/Defamation

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

BIG3 BASKETBALL LLC

Defendants

LOS ANGELES SUPERSTARS INC.

AGUIRRE MARK

GEORGE CARL

CHAMPIONS LEAGUE INC.

Attorney/Law Firm Details

Plaintiff Attorney

GERAGOS MARK JOHN

 

Court Documents

Minute Order -

5/31/2018: Minute Order -

AFFIDAVIT OF DUE DILIGENCE

12/8/2017: AFFIDAVIT OF DUE DILIGENCE

ORDER TO SHOW CAUSE HEARING

9/22/2017: ORDER TO SHOW CAUSE HEARING

AFFIDAVIT OF SERVICE

12/12/2017: AFFIDAVIT OF SERVICE

AFFIDAVIT OF SERVICE

12/12/2017: AFFIDAVIT OF SERVICE

COMPLAINT FOR DAMAGES: 1. DEFAMATION

9/15/2017: COMPLAINT FOR DAMAGES: 1. DEFAMATION

AFFIDAVIT OF DUE DILIGENCE

12/8/2017: AFFIDAVIT OF DUE DILIGENCE

AFFIDAVIT OF DUE DILIGENCE

12/8/2017: AFFIDAVIT OF DUE DILIGENCE

PROOF OF SERVICE SUMMONS -

10/3/2017: PROOF OF SERVICE SUMMONS -

Notice of Ruling

11/19/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON DEFENDANT CARL GEORGE'S MOTION TO SET ASIDE/VACATE...)

11/15/2019: Minute Order - MINUTE ORDER (HEARING ON DEFENDANT CARL GEORGE'S MOTION TO SET ASIDE/VACATE...)

Proof of Service by Mail

11/6/2019: Proof of Service by Mail

Memorandum of Points & Authorities

8/30/2019: Memorandum of Points & Authorities

Declaration - DECLARATION IN SUPPORT TO DISMISS DEFAULT JUDGEMENT

8/30/2019: Declaration - DECLARATION IN SUPPORT TO DISMISS DEFAULT JUDGEMENT

Proof of Mailing (Substituted Service)

8/29/2019: Proof of Mailing (Substituted Service)

Motion to Set Aside/Vacate Default and / or Default Judgment

8/29/2019: Motion to Set Aside/Vacate Default and / or Default Judgment

DEFENDANT'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES

4/24/2018: DEFENDANT'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES

Minute Order -

7/11/2018: Minute Order -

46 More Documents Available

 

Docket Entries

  • 11/19/2019
  • DocketNotice of Ruling; Filed by Big3 Basketball, LLC (Plaintiff)

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  • 11/15/2019
  • Docketat 08:30 AM in Department 58; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Held

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  • 11/15/2019
  • DocketMinute Order ( (Hearing on Defendant Carl George's Motion to Set Aside/Vacate...)); Filed by Clerk

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  • 11/06/2019
  • DocketProof of Service by Mail; Filed by Carl George (Defendant)

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  • 08/30/2019
  • DocketMemorandum of Points & Authorities; Filed by Carl George (Defendant)

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  • 08/30/2019
  • DocketDeclaration (In Support to Dismiss Default Judgement); Filed by Carl George (Defendant)

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  • 08/29/2019
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by Carl George (Defendant)

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  • 08/29/2019
  • DocketProof of Mailing (Substituted Service); Filed by Carl George (Defendant)

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  • 07/31/2019
  • Docketat 08:30 AM in Department 58; Non-Appearance Case Review (ReBankruptcy) - Not Held - Vacated by Court

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  • 07/29/2019
  • Docketat 08:30 AM in Department 58; Non-Appearance Case Review (ReBankruptcy) - Not Held - Vacated by Court

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81 More Docket Entries
  • 12/01/2017
  • DocketCASE MANAGEMENT STATEMENT

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  • 10/03/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/03/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 09/22/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/22/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 09/22/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 09/22/2017
  • DocketORDER TO SHOW CAUSE HEARING

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  • 09/15/2017
  • DocketCOMPLAINT FOR DAMAGES: 1. DEFAMATION

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  • 09/15/2017
  • DocketSUMMONS

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  • 09/15/2017
  • DocketComplaint; Filed by Big3 Basketball, LLC (Plaintiff)

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Tentative Rulings

Case Number: ****6117    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.: ****6117

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.

  1. 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.

  2. 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.



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