This case was last updated from Los Angeles County Superior Courts on 10/01/2023 at 02:22:34 (UTC).

PNC EQUIPMENT FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ARTUYUN KHODZHUMYAN, AN INDIVIDUAL

Case Summary

On 05/31/2023 PNC EQUIPMENT FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY filed a Contract - Other Contract lawsuit against ARTUYUN KHODZHUMYAN, AN INDIVIDUAL. This case was filed in Los Angeles County Superior Courts, Glendale Courthouse located in Los Angeles, California. The Judge overseeing this case is RALPH C. HOFER. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1104

  • Filing Date:

    05/31/2023

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RALPH C. HOFER

 

Party Details

Plaintiff

PNC EQUIPMENT FINANCE LLC A DELAWARE LIMITED LIABILITY COMPANY

Defendant

KHODZHUMYAN AN INDIVIDUAL DBA ARUTYUN KHODZHUMYAN ARTUYUN

Attorney/Law Firm Details

Plaintiff Attorney

ITO KEN I.

 

Court Documents

Abstract of Judgment - Civil and Small Claims

9/27/2023: Abstract of Judgment - Civil and Small Claims

Application and Order for Appearance and Examination

9/25/2023: Application and Order for Appearance and Examination

Notice (name extension) Notice Of Entry of Judgment

9/25/2023: Notice (name extension) Notice Of Entry of Judgment

Application for Issuance of Writ of Execution, Possession or Sale

9/25/2023: Application for Issuance of Writ of Execution, Possession or Sale

Writ of Execution Writ of Execution (LOS ANGELES)

9/25/2023: Writ of Execution Writ of Execution (LOS ANGELES)

Notice of Entry of Judgment / Dismissal / Other Order

9/21/2023: Notice of Entry of Judgment / Dismissal / Other Order

Default Judgment

9/21/2023: Default Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment

9/20/2023: Declaration Pursuant to 585 CCP in Support of Default Judgment

Summary of the Case

9/20/2023: Summary of the Case

Request (name extension) Request for Court Judgment

9/20/2023: Request (name extension) Request for Court Judgment

Request for Dismissal

9/20/2023: Request for Dismissal

Minute Order Minute Order (Hearing on Application for Writ of Possession (CCP 512.010) f...)

9/15/2023: Minute Order Minute Order (Hearing on Application for Writ of Possession (CCP 512.010) f...)

Request for Entry of Default / Judgment

9/5/2023: Request for Entry of Default / Judgment

Proof of Personal Service

8/9/2023: Proof of Personal Service

Proof of Service (not Summons and Complaint)

8/9/2023: Proof of Service (not Summons and Complaint)

Summons Summons on 1st Amended Complaint

7/14/2023: Summons Summons on 1st Amended Complaint

Amended Complaint Amended Complaint (1st)

7/14/2023: Amended Complaint Amended Complaint (1st)

Application for Writ of Possession (Claim and Delivery)

6/12/2023: Application for Writ of Possession (Claim and Delivery)

18 More Documents Available
View All Documents

 

Docket Entries

12/22/2023

Hearing12/22/2023 at 09:00 AM in Department D at 600 East Broadway, Glendale, CA 91206; Hearing on Application for Order for Appearance and Examination

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09/27/2023

DocketAbstract of Judgment - Civil and Small Claims; Issued by: PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company (Plaintiff)

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09/27/2023

DocketUpdated -- Abstract of Judgment - Civil and Small Claims: As To Parties: Artuyun Khodzhumyan, an individual, dba Arutyun Khodzhumyan (Defendant)

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09/25/2023

DocketApplication and Order for Appearance and Examination; Filed by: PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company (Plaintiff); As to: Artuyun Khodzhumyan, an individual, dba Arutyun Khodzhumyan (Defendant)

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09/25/2023

DocketNotice Of Entry of Judgment; Filed by: PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company (Plaintiff); As to: Artuyun Khodzhumyan, an individual, dba Arutyun Khodzhumyan (Defendant)

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09/25/2023

DocketWrit of Execution (LOS ANGELES); Issued by: PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company (Plaintiff); As to: Artuyun Khodzhumyan, an individual, dba Arutyun Khodzhumyan (Defendant); County: LOS ANGELES; Principal: 38584.80; Interest: 0.00; Costs: 0.00

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09/25/2023

DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by: PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company (Plaintiff)

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09/25/2023

DocketHearing on Application for Order for Appearance and Examination scheduled for 12/22/2023 at 09:00 AM in Glendale Courthouse at Department D

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09/21/2023

DocketDefault judgment by Court entered for Plaintiff PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company against Defendant Artuyun Khodzhumyan, an individual, dba Arutyun Khodzhumyan on the Amended Complaint (1st) filed by PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company on 07/14/2023 for damages of $31,763.11, attorney fees of $1,342.89, interest of $4,135.30, costs of $535.00, and other $808.50 for a total of $38,584.80.Other: Other: Late charges and site visit fees

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09/21/2023

DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by: Clerk

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34 More Docket Entries
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06/02/2023

DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/08/2023 at 08:30 AM in Glendale Courthouse at Department D

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06/02/2023

DocketNotice of Case Management Conference; Filed by: Clerk

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06/01/2023

DocketCase assigned to Hon. Ralph C. Hofer in Department D Glendale Courthouse

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05/31/2023

DocketComplaint; Filed by: PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company (Plaintiff); As to: ARTUYUN KHODZHUMYAN, an individual (Defendant)

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05/31/2023

DocketSummons on Complaint; Issued and Filed by: PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company (Plaintiff); As to: ARTUYUN KHODZHUMYAN, an individual (Defendant)

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05/31/2023

DocketCivil Case Cover Sheet; Filed by: PNC EQUIPMENT FINANCE, LLC, a Delaware limited liability company (Plaintiff); As to: ARTUYUN KHODZHUMYAN, an individual (Defendant)

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05/31/2023

DocketAlternate Dispute Resolution Packet; Filed by: Clerk

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05/31/2023

DocketFirst Amended General Order re: Mandatory Electronic Filing; Filed by: Clerk

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05/31/2023

DocketVoluntary Efficient Litigation Stipulation Packet; Filed by: Clerk

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05/31/2023

DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: *******1104 Hearing Date: September 15, 2023 Dept: D

TENTATIVE RULING
Calendar: 14
Date: 9/15/2023
Case No: 23 GDCV01104 Trial Date: None Set
Case Name: PNC Equipment Finance, LLC v. Khodzhumyan
WRIT OF POSSESSION
Moving Party: Plaintiff PNC Equipment Finance, LLC
Responding Party: Defendant Artuyun Khodzhumyan
RELIEF REQUESTED:
Writ of possession after hearing of claimed property, 2021 Bobcat S76 Skid Steer Loader
ANALYSIS:
Procedural
Default Entered
The file shows that since the filing of the application for writ of possession, on September 5, 2023, plaintiff filed a Request for Entry of Default as to defendant Artuyun Khodzhumya , an individual, dba Arutyun Khodzhumya. The default was entered as requested on September 5, 2023, and this default has not been set aside.
This deprives defendant of the opportunity to oppose the application, and plaintiff should be proceeding to default prove-up hearing, at which final judgment can be entered.
“The entry of a default terminates a defendant's rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered. (Forbes v. Cameron Petroleums, Inc. (1978) 83 Cal.App.3d 257, 262-263 [147 Cal.Rptr. 766]; 4 Witkin, Cal. Procedure (2d ed. 1971) Proceedings Without Trial, 148, p. 2809; see Luz v. Lopes (1960) 55 Cal.2d 54, 59, fn. 2 [10 Cal.Rptr. 161, 358 P.2d 289].) "A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff's right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings." ( Brooks v. Nelson (1928) 95 Cal.App. 144, 147-148 [272 P. 610].)”
Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 386-387.
CCP 512.040 expressly permits defendant to oppose an application for writ of possession:
“(c) If the defendant desires to oppose the issuance of the writ, he shall file with the court either an affidavit providing evidence sufficient to defeat the plaintiff's right to issuance of the writ or an undertaking to stay the delivery of the property in accordance with Section 515.020.”
In fact, Weil & Brown advise practitioners:
“The usual method of obtaining the W/P is by order following noticed hearing. [CCP 512.020(a)]. The substantive prerequisites for issuance of the W/P must be shown at the hearing, and defendant must be given an opportunity to oppose its issuance.”
California Practice Guide, Civil Procedure Before Trial (The Rutter Group, 2023 Rev.) 9:794.
The application accordingly is not considered by the Court, but a default prove-up schedule will be set.
RULING:
[No opposition].
Application for writ of possession is DENIED WITHOUT PREJUDICE. The defendant against whom the relief is sought is in default, default having been entered against defendant Artuyun Khodzhumya on September 5, 2023.
Default prove-up to be set for October 31, 2023 at 9:00 a.m.
DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE
AUDIO OR VIDEO APPEARANCES
Please make arrangement in advance if you wish to appear via LACourtConnect/Microsoft Teams by visiting www.lacourt.org to schedule a remote appearance. Please note that LACourtConnect/Microsoft Teams offers free audio and video appearances. However, ADVANCE REGISTRATION IS REQUIRED.
If no appearance is set up through LACourtConnect/Microsoft Teams, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.


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