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This case was last updated from Los Angeles County Superior Courts on 06/13/2021 at 11:54:47 (UTC).

GREEN & MARKER, A CALIFORNIA GENERAL PARTNERSHIP VS DON RUFUS HANKEY

Case Summary

On 12/09/2020 GREEN MARKER, A CALIFORNIA GENERAL PARTNERSHIP filed a Contract - Other Contract lawsuit against DON RUFUS HANKEY. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1907

  • Filing Date:

    12/09/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

GREEN & MARKER A CALIFORNIA GENERAL PARTNERSHIP

Defendant

HANKEY DON RUFUS

Attorney/Law Firm Details

Plaintiff Attorney

MARKER RICHARD A.

Defendant Attorney

HARLAN R.C.

 

Court Documents

Request for Entry of Default / Judgment

1/27/2021: Request for Entry of Default / Judgment

Complaint

12/9/2020: Complaint

Minute Order - MINUTE ORDER (COURT ORDER)

6/3/2021: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/03/2021

6/3/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/03/2021

Answer

5/24/2021: Answer

Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT (CCP 473.5))

5/21/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT (CCP 473.5))

Declaration - DECLARATION SUPPLEMENTAL DECLARATION OF R.C. HARLAN IN SUPPORT OF DEFENDANT'S MOTION TO SET ASIDE DEFAULT

5/14/2021: Declaration - DECLARATION SUPPLEMENTAL DECLARATION OF R.C. HARLAN IN SUPPORT OF DEFENDANT'S MOTION TO SET ASIDE DEFAULT

Reply - REPLY IN SUPPORT OF MOTION TO SET ASIDE DEFAULT

5/14/2021: Reply - REPLY IN SUPPORT OF MOTION TO SET ASIDE DEFAULT

Notice - NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE

5/5/2021: Notice - NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE

Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO SET ASIDE DEFAULT

5/6/2021: Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO SET ASIDE DEFAULT

Notice Re: Continuance of Hearing and Order

4/28/2021: Notice Re: Continuance of Hearing and Order

Notice - NOTICE OF CONTINUANCE OF HEARING DATE

4/22/2021: Notice - NOTICE OF CONTINUANCE OF HEARING DATE

Declaration - DECLARATION DECLARATION OF R.C. HARLAN

4/1/2021: Declaration - DECLARATION DECLARATION OF R.C. HARLAN

Motion to Set Aside/Vacate Default and / or Default Judgment

4/1/2021: Motion to Set Aside/Vacate Default and / or Default Judgment

Proof of Service by Substituted Service

1/27/2021: Proof of Service by Substituted Service

Civil Case Cover Sheet

12/9/2020: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

12/9/2020: Notice of Case Assignment - Unlimited Civil Case

Summons - SUMMONS ON COMPLAINT

12/9/2020: Summons - SUMMONS ON COMPLAINT

7 More Documents Available

 

Docket Entries

  • 11/29/2021
  • Hearing11/29/2021 at 09:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Jury Trial

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  • 09/21/2021
  • Hearing09/21/2021 at 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference

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  • 06/25/2021
  • Hearing06/25/2021 at 09:30 AM in Department I at 1725 Main Street, Santa Monica, CA 90401; Mandatory Settlement Conference (MSC)

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  • 06/07/2021
  • Docketat 08:30 AM in Department P; Case Management Conference - Not Held - Advanced and Continued - by Court

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  • 06/03/2021
  • Docketat 2:14 PM in Department I; Court Order

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  • 06/03/2021
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 06/03/2021
  • DocketCertificate of Mailing for ((Court Order) of 06/03/2021); Filed by Clerk

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  • 05/24/2021
  • DocketAnswer; Filed by DON RUFUS HANKEY (Defendant)

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  • 05/21/2021
  • Docketat 08:30 AM in Department P; Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) - Held

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  • 05/21/2021
  • DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))); Filed by Clerk

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6 More Docket Entries
  • 04/22/2021
  • DocketNotice (of Continuance of Hearing Date); Filed by DON RUFUS HANKEY (Defendant)

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  • 04/01/2021
  • DocketDeclaration (Declaration of R.C. Harlan); Filed by DON RUFUS HANKEY (Defendant)

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  • 04/01/2021
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by DON RUFUS HANKEY (Defendant)

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  • 01/27/2021
  • DocketProof of Service by Substituted Service; Filed by GREEN & MARKER, a California general partnership (Plaintiff)

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  • 01/27/2021
  • DocketRequest for Entry of Default / Judgment; Filed by GREEN & MARKER, a California general partnership (Plaintiff)

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  • 12/10/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 12/09/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 12/09/2020
  • DocketComplaint; Filed by GREEN & MARKER, a California general partnership (Plaintiff)

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  • 12/09/2020
  • DocketCivil Case Cover Sheet; Filed by GREEN & MARKER, a California general partnership (Plaintiff)

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  • 12/09/2020
  • DocketSummons (on Complaint); Filed by GREEN & MARKER, a California general partnership (Plaintiff)

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Tentative Rulings

Case Number: 20SMCV01907    Hearing Date: May 21, 2021    Dept: P

Tentative Ruling

Green & Marker v. Hankey, Case No. 20SMCV01907

Hearing Date May 21, 2021

Defendant Hankey’s Motion to Set Aside Default

Plaintiff law firm substitute served defendant former client on December 15, 2020 and obtained entry of default on January 27, 2020. Defendant alleges he never received the original documents or the copy mailed to his address, and he had no notice of this action until March 8, 2021, when defendant’s counsel performed a check for filings in Los Angeles County Superior Court.

The law favors resolving matters on the merits, rather than via default or procedural technicalities. Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 130. Default judgment is void if it is entered without proper service of process. Cal. Code of Civ. Proc. §473(d), American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 387. Even if default is entered after proper service, it may be set aside if the opposing party shows mistake, inadvertence, or excusable neglect. Cal. Code of Civ. Proc. §473(b). Relief under §473 is highly favored and liberally applied when there is no showing of prejudice to plaintiff. Fasuyi v. Pennatex, Inc. (2008) 167 Cal.App.4th 681, 696. When service has not resulted in actual notice, defendant may move to set aside default, filing an affidavit indicating lack of notice was not caused by avoidance of service or inexcusable neglect. Cal. Code of Civ. Proc. §473.5(b).

Defendant argues service was improper, as the proof of service identifies the person served as Jane Doe. This is not evidence of improper service; it is acceptable to name a third party served as “John Doe” or “Jane Doe” when he or she will not give a true legal name to the process server. Trackman v. Kenney (2010) 187 Cal.App.4th 175, 183. The proof of service indicates service was made on defendant’s “co-occupant,” aged thirty. 1/27/2021 proof of service at pg. 1. This is sufficient to establish the recipient was “apparently in charge” of defendant’s home when substituted service occurred.

Although substituted service was completed, the declaration from defendant’s counsel Harlan indicates defendant was not made aware of the lawsuit, and lack of notice was not caused by inexcusable neglect or avoidance of service. Harlan decl. ¶¶2-4. Defendant established an entitlement to relief under Cal. Code of Civ. Proc. §473.5(b). Defendant filed the motion within two months, not an unreasonable delay. Plaintiff does not allege any prejudice. Defendant is willing and able to participate in the litigation. Sanctions are discretionary and will not be imposed. The court will exercise its discretion. GRANTED. Defendant to answer within 10 days.

This matter is set for a status conference on 6/29/21; if the parties are willing, the court would advance the status conference to the hearing of this motion.

DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR BY LA COURT CONNECT. 

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