Pending - Other Pending
Contract - Other Contract
Los Angeles, California
HOLLY J. FUJIE
HELOU & SONS CORP
BUBION JUSTIN A.
WARD SCOTT PATRICK
11/28/2022: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)
11/28/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 11/28/2022
11/22/2022: Notice of Posting of Jury Fees
11/21/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT (CCP 473.5))
11/21/2022: Notice of Ruling
11/15/2022: Case Management Statement
11/14/2022: Reply - REPLY DEFENDANT GP MERGER SUB, INC. DBA GLASPROS REPLY BRIEF IN SUPPORT OF MOTION TO VACATE DEFAULT
11/7/2022: Opposition - OPPOSITION TO DEFENDANT GP MERGER SUB, INC. DBA GLASPROS MOTION TO VACATE DEFAULT
9/20/2022: Notice Re: Continuance of Hearing and Order
9/9/2022: Brief - BRIEF EVIDENCE IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT
9/9/2022: Declaration - DECLARATION DECLARATION OF JUSTIN BUBION IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT
9/9/2022: Proof of Service (not Summons and Complaint)
9/9/2022: Request for Entry of Default / Judgment
9/9/2022: Memorandum of Costs (Summary)
9/13/2022: Case Management Statement
9/14/2022: Motion to Vacate - MOTION TO VACATE DEFAULT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF IAN R. FELDMAN
9/14/2022: Declaration - DECLARATION OF JOSEPH GREEN
Hearing11/27/2023 at 09:30 AM in Department 56 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial[+] Read More [-] Read Less
Hearing11/07/2023 at 08:30 AM in Department 56 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference[+] Read More [-] Read Less
DocketFinal Status Conference scheduled for 11/07/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 56[+] Read More [-] Read Less
DocketJury Trial scheduled for 11/27/2023 at 09:30 AM in Stanley Mosk Courthouse at Department 56[+] Read More [-] Read Less
DocketMinute Order (Non-Appearance Case Review)[+] Read More [-] Read Less
DocketCertificate of Mailing for (Non-Appearance Case Review) of 11/28/2022; Filed by: Clerk[+] Read More [-] Read Less
DocketOn the Court's own motion, Case Management Conference scheduled for 11/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 56 Not Held - Advanced and Vacated on 11/28/2022[+] Read More [-] Read Less
DocketNotice of Posting of Jury Fees; Filed by: Glaspro, Inc., (Defendant)[+] Read More [-] Read Less
DocketNon-Appearance Case Review re: Answer scheduled for 11/30/2022 at 10:30 AM in Stanley Mosk Courthouse at Department 56 Not Held - Vacated by Court on 11/22/2022[+] Read More [-] Read Less
DocketUpdated -- Motion to Vacate DEFAULT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF IAN R. FELDMAN: Filed By: Glaspro, Inc., (Defendant); Result: Granted; Result Date: 11/21/2022[+] Read More [-] Read Less
DocketUpdated -- Glaspro, Inc., (Defendant): Organization Name changed from Glaspro, Inc., a California corporation to Glaspro, Inc.,[+] Read More [-] Read Less
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/21/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 56[+] Read More [-] Read Less
DocketCase assigned to Hon. Holly J. Fujie in Department 56 Stanley Mosk Courthouse[+] Read More [-] Read Less
DocketComplaint; Filed by: Helou & Sons Corp, a California corporation (Plaintiff); As to: Glaspro, Inc., a California corporation (Defendant)[+] Read More [-] Read Less
DocketCivil Case Cover Sheet; Filed by: Helou & Sons Corp, a California corporation (Plaintiff); As to: Glaspro, Inc., a California corporation (Defendant)[+] Read More [-] Read Less
DocketSummons on Complaint; Issued and Filed by: Helou & Sons Corp, a California corporation (Plaintiff); As to: Glaspro, Inc., a California corporation (Defendant)[+] Read More [-] Read Less
DocketAlternate Dispute Resolution Packet; Filed by: Clerk[+] Read More [-] Read Less
DocketFirst Amended General Order re: Mandatory Electronic Filing; Filed by: Clerk[+] Read More [-] Read Less
DocketVoluntary Efficient Litigation Stipulation Packet; Filed by: Clerk[+] Read More [-] Read Less
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk[+] Read More [-] Read Less
Case Number: *******6709 Hearing Date: November 21, 2022 Dept: 56
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
HELOU & SONS CORP,
GLASPRO, INC., et al.,
CASE NO.: *******6709
[TENTATIVE] ORDER RE: MOTION TO VACATE DEFAULT
Date: November 21, 2022
Time: 8:30 a.m.
MOVING PARTY: Defendant Glaspro, Inc. (“Moving Defendant”)
RESPONDING PARTY: Plaintiff
The Court has considered the moving, opposition and reply papers.
On May 19, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of written contract; (2) breach of written warranty; (3) breach of warranty of merchantability; (4) negligence; (5) negligent misrepresentation; (6) equitable indemnity; (7) contribution; and (8) strict products liability.
On July 26, 2022, default was entered against Moving Defendant. On September 14, 2022, Moving Defendant filed a motion to vacate the default entered against it (the “Motion”) pursuant to California Code of Civil Procedure (“CCP”) section 473, subdivision (b).
The court is empowered to relieve a party or their legal representative from a judgment, dismissal, order, or other proceeding taken against them through their mistake, inadvertence, surprise or excusable neglect. (CCP 473, subd. (b).) 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. (Id.) The law favors a trial on the merits and courts therefore liberally construe section 473. (Bonzer v. City of Huntington Park (1993) 20 Cal.App.4th 1474, 1477.) Doubts in applying section 473 are resolved in favor of the party seeking relief from default. (Id. at 1478.)
Moving Defendant’s president, Joseph Green (“Green”) learned that Moving Defendant was a party to this lawsuit on May 23, 2022. (Declaration of Joseph Green (“Green Decl.”) 2, Exhibit A.) Within the hour, Green forwarded the summons and Complaint to Moving Defendant’s insurance carrier. (Green Decl. 3.) For reasons unknown to Green, there was a delay either on the part of Moving Defendant’s insurance broker or its insurance carrier in having the insurance carrier assign counsel. (See Green Decl. 4.)
On July 27, 2022, Moving Defendant was assigned counsel by its insurance carrier. (Declaration of Ian R. Feldman (“Feldman Decl.”) 4.) On July 28, 2022, Moving Defendant’s counsel contacted Plaintiff’s counsel and requested that Plaintiff stipulate to set aside the default. (Feldman Decl. 5, Exhibit B.) Through August 16, 2022, counsel for Moving Defendant and Plaintiff conferred about stipulating to set aside the default, but Plaintiff ultimately did not agree to the stipulation. (Feldman Decl. 11.)
Moving Defendant became represented shortly after its default was taken and immediately took steps to participate in this litigation. The Court finds that Moving Defendant has sufficiently shown that its failure to timely respond to the Complaint by virtue of not checking in with its insurance broker/carrier was due to mistake, inadvertence or excusable neglect under Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681. (See Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 694.)
The Court therefore GRANTS the Motion and orders that the default entered against Moving Defendant be VACATED. Moving Defendant is ordered to file its answer within five court days.
Moving party is ordered to give notice.
In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative. If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person. The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date. This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.
Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 21st day of November 2022
Hon. Holly J. Fujie
Judge of the Superior Court