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This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 01:49:33 (UTC).

DERRIC BURKS VS ALFREDO LUNA ET AL

Case Summary

On 01/30/2017 DERRIC BURKS filed a Personal Injury - Other Personal Injury lawsuit against ALFREDO LUNA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8501

  • Filing Date:

    01/30/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

BURKS DERRIC

Defendants and Respondents

LOPEZ NELSON

PARAGON SYSTEMS

LUNA ALFREDO

ARRIAGA RICARDO

DOES 1-100

Attorney/Law Firm Details

Defendant Attorney

BRADLEY & GMELICH LLP

 

Court Documents

Statement of Damages (Personal Injury or Wrongful Death)

10/24/2018: Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death)

10/24/2018: Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death)

1/25/2019: Statement of Damages (Personal Injury or Wrongful Death)

Proof of Service (not Summons and Complaint)

1/25/2019: Proof of Service (not Summons and Complaint)

Declaration

1/25/2019: Declaration

Statement of Damages (Personal Injury or Wrongful Death)

3/18/2019: Statement of Damages (Personal Injury or Wrongful Death)

Proof of Service (not Summons and Complaint)

3/18/2019: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

3/18/2019: Proof of Service (not Summons and Complaint)

Request for Entry of Default / Judgment

3/18/2019: Request for Entry of Default / Judgment

Proof of Personal Service

4/4/2019: Proof of Personal Service

ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

1/30/2017: ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT PARAGON SYSTEMS, INC.; MEMORANDUM OF POINTS AND AUTHORITITS

4/12/2017: NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT PARAGON SYSTEMS, INC.; MEMORANDUM OF POINTS AND AUTHORITITS

DECLARATION OF CAROL ANN HUMISTON REGARDING CONTINUED HEARING ON DEMURRER TO COMPLAINT BY DEFENDANT PARAGON SYSTEMS, INC.

5/26/2017: DECLARATION OF CAROL ANN HUMISTON REGARDING CONTINUED HEARING ON DEMURRER TO COMPLAINT BY DEFENDANT PARAGON SYSTEMS, INC.

MEMO COSTS SUMMARY

7/18/2017: MEMO COSTS SUMMARY

NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE)

7/24/2017: NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE)

PROOF OF SERVICE MAIL

7/26/2017: PROOF OF SERVICE MAIL

NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

7/31/2017: NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

NOTICE OF DEFAULT

8/25/2017: NOTICE OF DEFAULT

39 More Documents Available

 

Docket Entries

  • 04/04/2019
  • Proof of Personal Service; Filed by Derric Burks (Plaintiff)

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  • 04/04/2019
  • Proof of Personal Service; Filed by Derric Burks (Plaintiff)

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  • 04/04/2019
  • Proof of Personal Service; Filed by Derric Burks (Plaintiff)

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  • 03/22/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 - Held - Continued

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  • 03/22/2019
  • Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk

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  • 03/21/2019
  • Notice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 03/18/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Derric Burks (Plaintiff)

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  • 03/18/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Derric Burks (Plaintiff)

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  • 03/18/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Derric Burks (Plaintiff)

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  • 03/18/2019
  • Proof of Service (not Summons and Complaint) (Request for entry of default & Statement of Damages); Filed by Derric Burks (Plaintiff)

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61 More Docket Entries
  • 05/10/2017
  • Notice; Filed by Defendant/Respondent

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  • 05/10/2017
  • PARAGON SYSTEMS, INC.'S, NOTICE OF NON-RECEIPT OF OPPOSITION TO DEMURRER TO COMPLAINT

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  • 04/12/2017
  • Demurrer; Filed by Paragon Systems (Defendant)

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  • 04/12/2017
  • NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT PARAGON SYSTEMS, INC.; MEMORANDUM OF POINTS AND AUTHORITITS

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  • 03/17/2017
  • PROOF OF SERVICE SUMMONS

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  • 03/17/2017
  • Proof-Service/Summons; Filed by Derric Burks (Plaintiff)

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  • 01/30/2017
  • COMPLAINT FOR DAMAGES (MISCONDUCT; ASSAULT;BATTERY WITH INTENT TO DO BODILY HARM;NEGLIGENCE HIRING AND SUPERVISION)

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  • 01/30/2017
  • SUMMONS

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  • 01/30/2017
  • ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

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  • 01/30/2017
  • Complaint; Filed by Derric Burks (Plaintiff)

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Tentative Rulings

Case Number: BC648501    Hearing Date: April 23, 2021    Dept: 29

Burks  vs.  Luna, et. al.

TENTATIVE RULING: 

Defendants Ricardo Arriaga and Nelson Lopez’s Motion to Vacate Entry of Default is GRANTED.

ANALYSIS:

Plaintiff Derric Burks (“Plaintiff”) filed the instant action against Ricardo Arriaga and Nelson Lopez (“Defendants”) on January 30, 2017. Following Defendants’ failure to file a responsive pleading, the Court entered their default on September 13, 2020. 

Defendants filed the instant Motion to Vacate Entry of Default on December 14, 2020. To date, no opposition has been filed. 

Discussion

Defendants move for relief from the default and default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b) and (d). 

Code of Civil Procedure section 473, subdivision (b)

Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought, and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) The moving party must also attach a copy of the proposed responsive pleading. (Code Civ. Proc., § 473, subd. (b).) The motion is brought pursuant to discretionary relief prong of section 473, subdivision (b) for Defendants’ own mistake, inadvertence, surprise or neglect. 

The Court finds relief is timely sought under the statute just two months after entry of default. The Motion is supported by an affidavit attesting to Defendants’ mistake, inadvertence, surprise or neglect in failing to respond to the Complaint as it was not received or personally served on Defendants. A copy of Defendants’ proposed Answer is attached. 

Therefore, relief from the entry of default and default judgment under of Civil Procedure section 473, subdivision (b) is granted. 

As the court grants relief on this basis, it does not address the remaining grounds for relief.Conclusion

Defendants Ricardo Arriaga and Nelson Lopez’s Motion to Vacate Entry of Default is GRANTED.  Defendants' Answer is deemed filed on the date of this order.  As the Answer was filed within a compendium of exhibits, Defendants are ordered to file a single answer today's date.

TRIAL SETTING CONFERENCE is set for 05/19/2021 at 8:30 a.m. in Dept. 29 of the Spring Street Courthouse.

Moving party to give notice.

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