This case was last updated from Los Angeles County Superior Courts on 02/29/2020 at 08:42:42 (UTC).

CAPITAL REBAR, INC., A CALIFORNIA CORPORATION VS VILLAS ON OSWEGO, LLC, A LIMITED LIABILITY COMPANY, ET AL.

Case Summary

On 03/28/2019 CAPITAL REBAR, INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against VILLAS ON OSWEGO, LLC, A LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DALILA CORRAL LYONS. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0393

  • Filing Date:

    03/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DALILA CORRAL LYONS

 

Party Details

Plaintiff

CAPITAL REBAR INC. A CALIFORNIA CORPORATION

Defendants and Cross Defendants

VILLAS ON OSWEGO LLC A LIMITED LIABILITY COMPANY

MITCHELL ENVIRONMENTAL CONCRETE INC. A CORPORATION

VILLA NOVA DEVELOPING INC. A CORPORATION

Defendant and Cross Plaintiff

MITCHELL ENVIRONMENTAL CONCRETE INC. A CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

MAY WILLIAM DEREK

Defendant Attorney

TAMBORELLI JOHN VINCENT

Cross Plaintiff Attorney

TAMBORELLI JOHN

 

Court Documents

Request for Entry of Default / Judgment

12/31/2019: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

12/31/2019: Request for Entry of Default / Judgment

Proof of Personal Service

12/31/2019: Proof of Personal Service

Proof of Personal Service

12/31/2019: Proof of Personal Service

Minute Order - MINUTE ORDER (COURT ORDER)

1/16/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 01/16/2020

1/16/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 01/16/2020

Notice of Case Reassignment and Order for Plaintiff to Give Notice

1/29/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Proof of Service by Mail

1/31/2020: Proof of Service by Mail

Notice of Related Case

10/2/2019: Notice of Related Case

Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF RELATED CASE)

10/18/2019: Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF RELATED CASE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF RELATED CASE) OF 10/18/2019

10/18/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF RELATED CASE) OF 10/18/2019

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

8/26/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Case Management Statement

8/20/2019: Case Management Statement

Case Management Statement

8/21/2019: Case Management Statement

Request for Entry of Default / Judgment

6/28/2019: Request for Entry of Default / Judgment

Summons - SUMMONS ON COMPLAINT

7/8/2019: Summons - SUMMONS ON COMPLAINT

Cross-Complaint

7/8/2019: Cross-Complaint

Answer

7/8/2019: Answer

16 More Documents Available

 

Docket Entries

  • 03/10/2020
  • Hearing03/10/2020 at 08:30 AM in Department 20 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Default Judgment as to Complaint

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  • 03/10/2020
  • Hearing03/10/2020 at 08:30 AM in Department 20 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to Proceed with Default or Obtain a Response as to Served Cross-defendant(s)

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  • 01/31/2020
  • DocketProof of Service by Mail; Filed by Capital Rebar, Inc., a California Corporation (Plaintiff)

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  • 01/29/2020
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 01/22/2020
  • Docketat 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Order to Show Cause Re: (Failure to Proceed with Default or Obtain a Response as to Served Cross-defendant(s)) - Not Held - Advanced and Continued - by Court

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  • 01/22/2020
  • Docketat 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Order to Show Cause Re: (Default Judgment as to Complaint) - Not Held - Advanced and Continued - by Court

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  • 01/16/2020
  • Docketat 09:32 AM in Department 20, Dalila Corral Lyons, Presiding; Court Order

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  • 01/16/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 01/16/2020
  • DocketCertificate of Mailing for ((Court Order) of 01/16/2020); Filed by Clerk

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  • 12/31/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Mitchell Environmental Concrete, Inc., a corporation (Cross-Complainant)

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18 More Docket Entries
  • 06/12/2019
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service)); Filed by Clerk

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  • 05/10/2019
  • DocketProof of Service by Substituted Service; Filed by Capital Rebar, Inc., a California Corporation (Plaintiff)

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  • 05/10/2019
  • DocketProof of Service by Substituted Service; Filed by Capital Rebar, Inc., a California Corporation (Plaintiff)

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  • 05/10/2019
  • DocketProof of Personal Service; Filed by Capital Rebar, Inc., a California Corporation (Plaintiff)

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  • 04/02/2019
  • DocketSummons (on Complaint); Filed by Capital Rebar, Inc., a California Corporation (Plaintiff)

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  • 03/29/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 03/29/2019
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 03/28/2019
  • DocketCivil Case Cover Sheet; Filed by Capital Rebar, Inc., a California Corporation (Plaintiff)

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  • 03/28/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 03/28/2019
  • DocketComplaint; Filed by Capital Rebar, Inc., a California Corporation (Plaintiff)

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Tentative Rulings

Case Number: *******0393    Hearing Date: August 17, 2020    Dept: 20

Ruling

Judge David J. Cowan

Department 20


Date: Monday, August 17, 2020

Case Name: Capital Rebar, Inc. v. Villas on Oswego, LLC et al.

Case No.: 18STCV10157 (lead) / *******0393 (original)

Application: Default Judgment

Notice: OK


Ruling: Plaintiff Capital Rebar’s application for default judgment in its favor and against Defendants Villas on Oswego, LLC and Villa Nova Developing, Inc. is DENIED WITHOUT PREJUDICE. 

Within 15 days of this Ruling, Capital Rebar shall file an updated default package seeking dismissal of all parties which Capital Rebar is not seeking default judgment against, including Does.

The OSC re: Default Judgment is continued from August 17, 2020 to September 21, 2020, at 8:30 a.m. 


 

BACKGROUND

On March 28, 2019, Plaintiff Capital Rebar, Inc. filed a Complaint against Defendants Villas on Oswego, LLC, Villa Nova Developing, Inc., Mitchell Environmental Concrete, Inc. (“MEC”) and Does for breach of contract, common counts, and enforcement of a mechanic’s lien.

On June 28, 2019, the clerk entered default against all Defendants.

On July 8, 2019, MEC filed an Answer and Cross-Complaint after entry of default.

On August 12, 2020, Capital Rebar filed its default judgment package for judgment against Villas on Oswego and Villa Nova Developing, but not MEC.

ANALYSIS

CCP ; 585 permits entry of a judgment after a defendant’s default has been entered. CRC Rule 3.1800(a) requires a party seeking default judgment by court judgment must file a Request for Court Judgment (Form CIV-100) and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a declaration of nonmilitary status for each defendant against whom judgment is sought; (6) a proposed form of judgment (optional Form JUD-100); (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP sec. 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. Capital Rebar requests a total judgment of $30,498.43 consisting of $19,115.00 in damages, $9,462.09 in prejudgment interest, $1,266.94 in attorney fees, and $654.40 in costs.

Capital Rebar’s request is denied without prejudice for failure to satisfy Rule 3.1800(a)(7) by either dismissing MEC or making an application for separate judgment under CCP sec. 579. The Court can enter default judgment against some but not all defendants only under CCP sec. 579. It is unclear whether MEC is still in default despite recent filings; default was entered before MEC filed its answer and MEC did not move to vacate its default. Capital Rebar also failed to dismiss unnamed Does, which is an independent basis to deny default judgment without prejudice regardless of MEC’s status in this action.

CONCLUSION

Plaintiff Capital Rebar’s application for default judgment in its favor and against Defendants Villas on Oswego, LLC and Villa Nova Developing, Inc. is DENIED WITHOUT PREJUDICE. 

Within 15 days of this Ruling, Capital Rebar shall file an updated default package seeking dismissal of all parties Capital Rebar is not seeking default judgment against, including Does.

The OSC re: Default Judgment is continued from August 17, 2020 to September 21, 2020, at 8:30 a.m. in Department 20. 


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