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This case was last updated from Los Angeles County Superior Courts on 06/09/2019 at 00:04:14 (UTC).

BOYAMIAN LAW, INC. VS MAX WILD

Case Summary

On 05/02/2017 BOYAMIAN LAW, INC filed a Contract - Debt Collection lawsuit against MAX WILD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MITCHELL L. BECKLOFF. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7469

  • Filing Date:

    05/02/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MITCHELL L. BECKLOFF

 

Party Details

Plaintiff

BOYAMIAN LAW INC.

Defendant

WILD MAX

Attorney/Law Firm Details

Plaintiff Attorney

HERZLICH ALLAN

 

Court Documents

Declaration

5/2/2017: Declaration

Summons

5/2/2017: Summons

Case Management Statement

8/14/2017: Case Management Statement

Minute Order

8/30/2017: Minute Order

Case Management Statement

11/16/2017: Case Management Statement

Case Management Statement

11/17/2017: Case Management Statement

Minute Order

12/4/2017: Minute Order

Notice of Ruling

12/7/2017: Notice of Ruling

Request for Entry of Default / Judgment

12/22/2017: Request for Entry of Default / Judgment

Minute Order

1/22/2018: Minute Order

Unknown

2/15/2018: Unknown

Unknown

2/15/2018: Unknown

Unknown

2/15/2018: Unknown

Unknown

2/15/2018: Unknown

Request for Entry of Default / Judgment

2/15/2018: Request for Entry of Default / Judgment

Minute Order

2/15/2018: Minute Order

Declaration

3/8/2018: Declaration

Minute Order

3/15/2018: Minute Order

9 More Documents Available

 

Docket Entries

  • 03/15/2018
  • at 08:30 AM in Department M; Non-Appearance Case Review (Non-Appearance (Case Review); Court Makes Order) -

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  • 03/15/2018
  • at 08:30 am in Department WEM, Mitchell L. Beckloff, Presiding; Non-Appearance (Case Review) - Court Makes Order

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  • 03/15/2018
  • Minute order entered: 2018-03-15 00:00:00; Filed by Clerk

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  • 03/15/2018
  • Order; Filed by BOYAMIAN LAW, INC. (Plaintiff)

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  • 03/15/2018
  • Order (RE AFFIDAVIT OF IDENTITY; DENIED FOR INSUFFICIENT EVIDENCE AND UNSIGNED; ); Filed by Attorney for Plaintiff

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  • 03/08/2018
  • Declaration (OF JEROME J BLUM RE AFFIDAVIT OF IDENTITY)

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  • 02/15/2018
  • at 08:30 AM in Department M; (OSC-Failure to File Dism. or Judg.; Judgment) -

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  • 02/15/2018
  • at 08:30 am in Department WEM, Mitchell L. Beckloff, Presiding; OSC-Failure to File Dism. or Judg. (RE DEFAULT JUDGMENT;) - Judgment

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  • 02/15/2018
  • Minute order entered: 2018-02-15 00:00:00; Filed by Clerk

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  • 02/15/2018
  • Judgment; Filed by Attorney for Plaintiff

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34 More Docket Entries
  • 08/30/2017
  • at 08:30 am in Department WEM, Mitchell L. Beckloff, Presiding; Conference-Case Management - Status conference is held & cont.

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  • 08/30/2017
  • Minute order entered: 2017-08-30 00:00:00; Filed by Clerk

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  • 08/14/2017
  • Case Management Statement; Filed by BOYAMIAN LAW, INC. (Plaintiff)

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  • 08/14/2017
  • Statement-Case Management (CASE MANAGEMENT STATEMENT FILED ON BEHALF OF PLAINTIFF - FOR HRG ON: 8/30/17 AT 8:30 AM IN DEPARTMENT WE-N. ); Filed by Attorney for Plaintiff

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  • 05/02/2017
  • Civil Case Cover Sheet

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  • 05/02/2017
  • Declaration (VENUS DECLARATION OF ALLAN HERZLICH)

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  • 05/02/2017
  • Summons; Filed by Plaintiff

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  • 05/02/2017
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 05/02/2017
  • Complaint Filed

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  • 05/02/2017
  • Complaint; Filed by BOYAMIAN LAW, INC. (Plaintiff)

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Tentative Rulings

Case Number: SC127469    Hearing Date: January 05, 2021    Dept: M

“When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” (Code Civ. Proc., § 187.)

“Under Code of Civil Procedure section 187, the court had the authority to amend the judgment to add a judgment debtor. (NEC Electronics Inc. v. Hurt (1989) 208 Cal.App.3d 772, 778, 256 Cal.Rptr. 441.) . . . The decision to grant an amendment in such circumstances lies in the sound discretion of the trial court.” (Carr v. Barnabey's Hotel Corp. In addition:

[n]o statute of limitations applies to a section 187 motion to amend a judgment to add a judgment debtor. To the contrary, the motion may be made “ ‘ “ ‘at any time so that the judgment will properly designate the real defendants.’ ” ’ [Citation.]” (Wells Fargo, supra, 227 Cal.App.4th at p. 7, 173 Cal.Rptr.3d 113.) “Simply put, section 187 recognizes ‘the inherent authority of a court to make its records speak the truth.’ [Citation.]” (Greenspan, supra, 191 Cal.App.4th at p. 509, 121 Cal.Rptr.3d 118, quoting Mirabito v. San Francisco Dairy Co. (1935) 8 Cal.App.2d 54, 57, 47 P.2d 530.

(Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 287.)

ANALYSIS

On November 30, 2020, Plaintiff Boyamian Law, Inc. filed a motion to amend the judgment. Plaintiff seeks to amend the judgment to include the judgment debtor’s birth name.

On February 15, 2018, the Court entered default judgment against Defendant Max Wild. Plaintiff argues that Max Wild is Defendant’s stage name and that his birth name is Hassan Mostofi. Plaintiff previously attempted to amend the judgment on an ex parte basis, and the Court denied the motion on March 15, 2018, finding that there was insufficient evidence provided in support of the application. (See 03/15/2018 Minute Order.)

“[A]mending a judgment to add an alter ego does not add a new defendant but instead inserts the correct name of the real defendant. (Misik v. D'Arco (Aug. 9, 2011) [citing Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conf. Center Bd. (1996) 41 Cal.App.4th 1551, 1555; NEC Electronics, Inc. v. Hurt, supra, (See Boyamian Decl. ¶¶ 2 -4.) The Court finds that Plaintiff/Judgement Creditor has provided sufficient evidence to show that Max Wild is Hassan Mostofi. Therefore, the motion to amend the judgment is GRANTED.

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