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This case was last updated from Los Angeles County Superior Courts on 04/18/2021 at 04:13:32 (UTC).

GOLISON DEVELOPMENT VS BOB & MARC PLUMBING, A BUSINESS ORGANIZATION, FORM UNKNOWN

Case Summary

On 11/26/2019 GOLISON DEVELOPMENT filed a Contract - Professional Negligence lawsuit against BOB MARC PLUMBING, A BUSINESS ORGANIZATION, FORM UNKNOWN. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are RAMONA G. SEE and DEIRDRE HILL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1063

  • Filing Date:

    11/26/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Professional Negligence

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RAMONA G. SEE

DEIRDRE HILL

 

Party Details

Plaintiff

GOLISON DEVELOPMENT

Defendants

BOB & MARC PLUMBING A BUSINESS ORGANIZATION FORM UNKNOWN

SANDAN INC DBA BOB & MARC PLUMBING

Attorney/Law Firm Details

Plaintiff Attorney

VOSS DAVID CRAIN JR

Defendant Attorney

ROEB CRAIG ALAN

 

Court Documents

Answer - ANSWER TO COMPLAINT

4/14/2021: Answer - ANSWER TO COMPLAINT

Notice of Ruling

3/30/2021: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER MOTION TO SET ASIDE DEFAULT HEARING...)

3/30/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER MOTION TO SET ASIDE DEFAULT HEARING...)

Opposition - OPPOSITION TO MOTION TO SET ASIDE ENTRY OF DEFAULT

3/17/2021: Opposition - OPPOSITION TO MOTION TO SET ASIDE ENTRY OF DEFAULT

Reply - DEFENDANT SANDAN PLUMBING, INC. DBA BOB & MARC PLUMBINGS REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO SET ASIDE REQUEST FOR ENTRY OF DEFAULT AND REQUEST FOR ENTRY OF JUDGMENT

10/28/2020: Reply - DEFENDANT SANDAN PLUMBING, INC. DBA BOB & MARC PLUMBINGS REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO SET ASIDE REQUEST FOR ENTRY OF DEFAULT AND REQUEST FOR ENTRY OF JUDGMENT

Case Management Statement

7/29/2020: Case Management Statement

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

7/30/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

5/14/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

5/14/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Minute Order - MINUTE ORDER (COURT ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ORDER T...)

4/20/2020: Minute Order - MINUTE ORDER (COURT ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ORDER T...)

Notice Re: Continuance of Hearing and Order

2/24/2020: Notice Re: Continuance of Hearing and Order

Proof of Personal Service

12/10/2019: Proof of Personal Service

Order to Show Cause Failure to File Proof of Service

12/3/2019: Order to Show Cause Failure to File Proof of Service

Notice of Case Management Conference

12/3/2019: Notice of Case Management Conference

Summons - SUMMONS ON COMPLAINT

11/26/2019: Summons - SUMMONS ON COMPLAINT

Civil Case Cover Sheet

11/26/2019: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

11/26/2019: Notice of Case Assignment - Unlimited Civil Case

Complaint

11/26/2019: Complaint

29 More Documents Available

 

Docket Entries

  • 06/23/2021
  • Hearing06/23/2021 at 08:30 AM in Department B at 825 Maple Ave., Torrance, CA 90503; Case Management Conference

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  • 04/14/2021
  • DocketAnswer (to Complaint); Filed by BOB & MARC PLUMBING, a business organization, form unknown (Defendant); SANDAN, INC (Defendant)

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  • 03/30/2021
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: (Default Judgment CCP 585 package) - Held

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  • 03/30/2021
  • Docketat 08:30 AM in Department B; Hearing on Motion - Other (Motion to Set Aside Default Hearing) - Held - Motion Granted

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  • 03/30/2021
  • DocketMinute Order ( (Hearing on Motion - Other Motion to Set Aside Default Hearing...)); Filed by Clerk

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  • 03/30/2021
  • DocketNotice of Ruling; Filed by BOB & MARC PLUMBING, a business organization, form unknown (Defendant); SANDAN, INC (Defendant)

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  • 03/24/2021
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: (Default Judgment CCP 585 package) - Not Held - Rescheduled by Court

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  • 03/23/2021
  • DocketDEFENDANT, SANDAN PLUMBING, INC. D/B/A BOB & MARC PLUMBING?S REPLY TO OPPOSITION TO MOTION TO SET ASIDE REQUEST FOR ENTRY OF DEFAULT JUDGMENT AND ENTRY OF DEFAULT AGAINST ?BOB & MARC PLUMBING;? DEC OF JOHN T. BRAZIER IN SUPPORT THEREOF; Filed by SANDAN, INC (Defendant)

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  • 03/17/2021
  • DocketOpposition (to Motion to Set Aside Entry of Default); Filed by Golison Development (Plaintiff)

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  • 02/01/2021
  • Docketat 08:30 AM in Department B; Hearing on Motion - Other (MOTION TO SET ASIDE REQUEST FOR ENTRY OF DEFAULT AND REQUEST FOR ENTRY OF JUDGMENT) - Not Held - Advanced and Continued - by Court

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47 More Docket Entries
  • 01/31/2020
  • Docketat 08:30 AM in Department M, Deirdre Hill, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Vacated by Court

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  • 01/16/2020
  • DocketAnswer (to Plaintiff's Complaint and Demand for Jury Trial); Filed by BOB & MARC PLUMBING, a business organization, form unknown (Defendant)

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  • 01/13/2020
  • DocketRequest for Entry of Default; Filed by Golison Development (Plaintiff)

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  • 12/10/2019
  • DocketProof of Personal Service; Filed by Golison Development (Plaintiff)

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  • 12/03/2019
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 12/03/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 11/26/2019
  • DocketComplaint; Filed by Golison Development (Plaintiff)

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  • 11/26/2019
  • DocketCivil Case Cover Sheet; Filed by Golison Development (Plaintiff)

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  • 11/26/2019
  • DocketSummons (on Complaint); Filed by Golison Development (Plaintiff)

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  • 11/26/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 19TRCV01063    Hearing Date: March 30, 2021    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka

Department B

Tuesday – March 30, 2021

Calendar No. 7

PROCEEDINGS

Golison Development v. Bob & Marc Plumbing, et al.

19TRCV01063

  1. Sandan, Inc. dba Bob & Marc Plumbing’s Motion to Set Aside and Vacate Entry of Default and/or Default Judgment

TENTATIVE RULING

Sandan, Inc. dba Bob & Marc Plumbing’s Motion to Set Aside and Vacate Entry of Default and/or Default Judgment is granted.

Background

Plaintiff filed its Complaint on November 26, 2019. This case arises out of an alleged plumbing related construction defect. Plaintiff seeks damages arising out of Defendant’s alleged professional negligence. Defendant’s default was entered on January 13, 2020. Default judgment has not been entered.

Motion to Vacate

CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties . . . .”

Defendant relies on the mandatory provision of CCP § 473(b) based on attorney fault. Defendant’s counsel provides competent evidence that the entry of default was caused by counsel’s mistake in failing to ensure that the Answer was filed in a timely manner. (Decl., John T. Brazier, ¶ 6.) This evidence provides the requisite grounds of mistake, inadvertence, surprise, or neglect required to set aside the default.

Thus, the default of Defendant Sandan Plumbing, Inc. dba Bob and Marc Plumbing is hereby set aside.

Defendant is ordered to file and serve the proposed Answer attached to this motion within three days of this date.

Code Civ. Proc., § 473(c) states:

“(1) Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the following:

(A) Impose a penalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party.

(B) Direct that an offending attorney pay an amount no greater than one thousand dollars ($1,000) to the State Bar Client Security Fund.

(C) Grant other relief as is appropriate.

(2) However, where the court grants relief from a default or default judgment pursuant to this section based upon the affidavit of the defaulting party's attorney attesting to the attorney's mistake, inadvertence, surprise, or neglect, the relief shall not be made conditional upon the attorney's payment of compensatory legal fees or costs or monetary penalties imposed by the court or upon compliance with other sanctions ordered by the court.”

Plaintiff requested that Defendant’s counsel be ordered to pay Plaintiff a total sum of $4,980.00. The Court finds that the amount of this request is exorbitant and unreasonable. Pursuant to CCP § 473(c), the Court orders Defendant’s counsel to pay Plaintiff’s counsel the sum of $1,000.00, payable to Plaintiff within 30 days of this date, as reimbursement for fees and costs. However, as noted in Section 473(c)(2), the relief provided herein is not made conditional upon payment of this amount.

Defendant is ordered to give notice of this ruling.

Case Number: 19TRCV01063    Hearing Date: November 05, 2020    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka

Department B

Thursday – November 5, 2020

Calendar No. 11

PROCEEDINGS

Golison Development v. Bob & Marc Plumbing, et al.

19TRCV01063

  1. Sandan, Inc. dba Bob & Marc Plumbing’s Motion to Set Aside and Vacate Entry of Default and/or Default Judgment

TENTATIVE RULING

Sandan, Inc. dba Bob & Marc Plumbing’s Motion to Set Aside and Vacate Entry of Default and/or Default Judgment is denied without prejudice.

CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties ....”

Defendant relies solely on the discretionary provision of CCP § 473(b) based on mistake, inadvertence, surprise, or excusable neglect. Defendant does not rely on the mandatory provision of Section 473(b). The Court cannot consider any relief under the mandatory section of CCP § 473(b). If the motion only refers to discretionary relief, the court need not set aside the default even if the motion is accompanied by an affidavit indicating the attorney was at fault. Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1125.

Thus, to the extent that Defendant is moving for relief based on the discretionary relief provision of CCP § 473(b) based on mistake, inadvertence, surprise, or excusable neglect, the motion was untimely filed and served. A motion for discretionary relief must be filed within six months of the clerk’s entry of default.

Here, the default was entered January 13, 2020. The motion was filed on August 31, 2020, more than six months after the entry of default. Where a motion for relief under CCP § 473(b) is filed more than six months after entry of default, although less than six months after entry of the default judgment, the default may not be set aside. Setting aside the default judgment without setting aside the default would be an idle act and therefore not permitted. See, Pulte Homes Corp. v. Williams Mechanical, Inc. (2016) 2 Cal.App.5th 267, 273. Thus, Defendant’s argument that it can move for timely relief because no default judgment has yet to be entered is not meritorious.

Plaintiff is ordered to give notice of this ruling.

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