This case was last updated from Los Angeles County Superior Courts on 11/30/2019 at 04:06:11 (UTC).

HABIBA SULTANA VS SOOMIN NAM

Case Summary

On 05/29/2018 a Personal Injury - Motor Vehicle case was filed by HABIBA SULTANA against SOOMIN NAM in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7874

  • Filing Date:

    05/29/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

KRISTIN S. ESCALANTE

 

Party Details

Plaintiff and Petitioner

SULTANA HABIBA

Defendants and Respondents

NAM SOOMIN

DOES 1-15

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MATUSEK HENRY JOHN II ESQ.

MATUSEK HENRY JOHN II

 

Court Documents

Motion to Set Aside/Vacate Default

11/18/2019: Motion to Set Aside/Vacate Default

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

11/12/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (FINAL STATUS CONFERENCE) OF 11/12/2019

11/12/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (FINAL STATUS CONFERENCE) OF 11/12/2019

Request for Entry of Default / Judgment

8/29/2019: Request for Entry of Default / Judgment

Proof of Service by Substituted Service

8/15/2019: Proof of Service by Substituted Service

SUMMONS -

5/29/2018: SUMMONS -

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

5/29/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

 

Docket Entries

  • 06/01/2021
  • Hearing06/01/2021 at 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 01/14/2020
  • Hearing01/14/2020 at 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 12/23/2019
  • Hearing12/23/2019 at 13:30 PM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)

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  • 11/18/2019
  • DocketMotion to Set Aside/Vacate Default; Filed by Soomin Nam (Defendant)

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  • 11/12/2019
  • Docketat 10:00 AM in Department 2, Kristin S. Escalante, Presiding; Final Status Conference - Held

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  • 11/12/2019
  • DocketCertificate of Mailing for ((Final Status Conference) of 11/12/2019); Filed by Clerk

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  • 11/12/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 08/29/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Habiba Sultana (Plaintiff)

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  • 08/15/2019
  • DocketProof of Service by Substituted Service; Filed by Habiba Sultana (Plaintiff)

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  • 05/29/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 05/29/2018
  • DocketComplaint; Filed by Habiba Sultana (Plaintiff)

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  • 05/29/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC707874    Hearing Date: December 23, 2019    Dept: 2

Sultana v. Nam

Motion by Defendant Soomin Nam for Orders Setting Aside Default Entered Against Defendant and Permitting the Filing of a Responsive Pleading is GRANTED. The default entered against Defendant on 8/29/19 is vacated. Defendant is ordered to file her proposed answer forthwith.

The court declines to consider the late opposition filed by Plaintiff on 12/17/19, which was one day after Defendant’s reply was due. The opposition was due on 12/10/19, which is nine court days before the hearing. Cal Code Civil Procedure § 1005(b). The late opposition has resulted in prejudice to Defendant who has not been able to file a timely reply.

The court must set aside the entry of default where it is void, such as where the summons and complaint were not properly served and the court lacked jurisdiction over the Defendant. Brown v. Williams (2000) 78 Cal.App.4th 182, 187 fn 4. Plaintiff bears the burden of proving that service was properly accomplished. Ziller Electronics Lab Gmbh v. Superior Court (1988) 206 Cal. App. 3d 1222, 1232-1233; Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439–1440.

Here, the complaint was purportedly served by substituted service. If personal service of the summons and complaint cannot be made, substituted service may be made by leaving the documents at the person’s home or office or usual mailing address, in the presence of a member of person in charge. Cal. Code Civ. Proc. §415.20(b). Here, the summons and complaint purportedly served via substituted service at 1233 Fedora Street, Los Angeles; Defendant declares that she has not lived at that address for 10 years. Declaration of Soomin Nam, ¶ 4. Ms. Nam’s declaration is sufficient to establish that service was not effective and the default must be set aside.

Defendant is also entitled to relief under Code of Civil Procedure § 473.5(b). A motion pursuant to that section must be supported by an affidavit showing that Defendant lacked actual notice of the lawsuit in time to defend it and that the was not caused by her avoidance of service or inexcusable neglect. Defendant declares that she did not have actual notice of the lawsuit in time to defend it. Her uncle received the papers on 7/13/19, but she was not given the documents until 9/19/19. Id. at ¶ 5. The court entered her default on 8/29/19. Further, Defendant declares that she never tried to avoid service of the summons and complaint. Declaration of Soomin Nam, 2:17-18. She declares she travels often and was not aware that Plaintiff had filed a lawsuit against her. Id. at 2:12-13. Cal Code Civil Procedure § 473.5. This is sufficient to entitle Defendant to relief under section 473.5. In compliance with Section 473.5, Defendant has submitted her proposed answer.

In sum, the Court grants the motion to set aside the default.

The court sets the following dates:

FSC: 6/10/2020

Trial: 6/24/2020

Moving party is ordered to give notice.