This case was last updated from Los Angeles County Superior Courts on 06/09/2019 at 05:07:19 (UTC).

JOSIE DEWALT MARTINEZ VS. ZOILA TORRES, ET AL.

Case Summary

On 06/06/2017 JOSIE DEWALT MARTINEZ filed a Contract - Other Contract lawsuit against ZOILA TORRES. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7795

  • Filing Date:

    06/06/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiff

MARTINEZ JOSIE DEWALT

Defendants

FUENTE MOTORS CORPORATION

PLEITEZ ARCADIO

TORRES ZOILA

AFI FUNDING INC.

Attorney/Law Firm Details

Plaintiff Attorney

ALMODOVAR JOSE A.

 

Court Documents

Unknown

6/6/2017: Unknown

Unknown

6/6/2017: Unknown

Notice

6/6/2017: Notice

Civil Case Cover Sheet

6/6/2017: Civil Case Cover Sheet

Summons

6/6/2017: Summons

Proof of Service (not Summons and Complaint)

7/10/2017: Proof of Service (not Summons and Complaint)

Answer

7/10/2017: Answer

Order on Court Fee Waiver (Superior Court)

7/10/2017: Order on Court Fee Waiver (Superior Court)

Unknown

7/28/2017: Unknown

Proof of Service (not Summons and Complaint)

7/28/2017: Proof of Service (not Summons and Complaint)

Case Management Statement

10/16/2017: Case Management Statement

Unknown

10/19/2017: Unknown

Minute Order

11/3/2017: Minute Order

Minute Order

11/8/2017: Minute Order

Unknown

11/13/2017: Unknown

Unknown

11/13/2017: Unknown

Case Management Statement

11/29/2017: Case Management Statement

Proof of Service (not Summons and Complaint)

12/4/2017: Proof of Service (not Summons and Complaint)

25 More Documents Available

 

Docket Entries

  • 05/09/2019
  • Request for Entry of Default / Judgment; Filed by JOSIE DEWALT MARTINEZ (Plaintiff)

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  • 04/25/2019
  • Request for Entry of Default / Judgment; Filed by JOSIE DEWALT MARTINEZ (Plaintiff)

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  • 04/25/2019
  • Proof of Personal Service; Filed by JOSIE DEWALT MARTINEZ (Plaintiff)

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  • 04/11/2019
  • Notice (of Errata); Filed by JOSIE DEWALT MARTINEZ (Plaintiff)

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  • 03/12/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Held - Continued

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  • 03/12/2019
  • Minute Order ( (CASE MANAGEMENT CONFERENCE)); Filed by Clerk

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  • 11/14/2018
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Order to Show Cause Re: (SANCTIONS FOR DEFENDANT ARCADIO PLEITEZ FAILURE TO APPEAR AT CASE MANAGEMENT CONFERENCE) - Held

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  • 11/14/2018
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Held - Continued

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  • 11/14/2018
  • Minute Order ((CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE SANCTIONS...)); Filed by Clerk

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  • 10/26/2018
  • Notice of Rejection Default/Clerk's Judgment; Filed by Clerk

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33 More Docket Entries
  • 07/28/2017
  • Default Entered; Filed by JOSIE DEWALT MARTINEZ (Plaintiff)

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  • 07/10/2017
  • Answer; Filed by ARCADIO PLEITEZ (Defendant)

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  • 07/10/2017
  • Order on Court Fee Waiver (Superior Court); Filed by ARCADIO PLEITEZ (Defendant)

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  • 07/10/2017
  • Request to Waive Court Fees; Filed by ARCADIO PLEITEZ (Defendant)

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  • 07/10/2017
  • Proof of Service (not Summons and Complaint); Filed by ARCADIO PLEITEZ (Defendant)

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  • 06/06/2017
  • Complaint filed-Summons Issued; Filed by null

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  • 06/06/2017
  • Summons; Filed by null

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  • 06/06/2017
  • Civil Case Cover Sheet; Filed by JOSIE DEWALT MARTINEZ (Plaintiff)

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  • 06/06/2017
  • Notice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 06/06/2017
  • Notice (of Case Management Conference); Filed by Clerk

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Tentative Rulings

b"

Case Number: PC057795 Hearing Date: July 8, 2021 Dept: F47

Dept. F-47

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Date: 7/8/21

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Case #PC057795

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MOTION TO SET ASIDE DEFAULT JUDGMENT

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Motion filed on\r\n6/11/21.

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MOVING PARTY: Defendant AFI Funding, Inc.

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RESPONDING PARTY: Plaintiff Josie Dewalt Martinez

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NOTICE: ok

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RELIEF REQUESTED: An order setting aside the request\r\nfor default and default judgment entered against Defendant AFI Funding, Inc. in\r\nthis case.

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RULING: The motion is granted. Defendant AFI Funding, Inc. must separately\r\nfile its Answer to the First Amended Complaint, a copy of which is attached to\r\nthe motion as Ex.F.

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Defendant AFI Funding, Inc. (AFI) is reminded to review\r\nthe 5/3/19 First Amended General Order Re Mandatory Electronic Filing for\r\nCivil. When e-filing documents, parties\r\nmust comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4,\r\nline 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General\r\nOrder Re Mandatory Electronic Filing for Civil. \r\nSee also CRC 3.1110(f)(4). \r\nAFI has failed to bookmark the declarations and exhibits attached to the\r\nmotion. Failure of the parties to comply\r\nwith these requirements in the future may result in papers being rejected,\r\nmatters being placed off calendar, matters being continued so documents can be\r\nresubmitted in compliance with these requirements, documents not being considered\r\nand/or the imposition of sanctions.

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On 1/22/18, Plaintiff filed the First Amended Complaint\r\nin this action which contains causes of action for: (1) fraud, (2) breach of\r\ncontract, (3) common counts and (4) conversion. \r\nAFI is named as a defendant in the 4th cause of action for\r\nconversion. On 5/21/18, Plaintiff\r\nobtained an order allowing her to serve the Office of the Secretary of State\r\nfor the State of California with the Summons and Complaint as to AFI. On 6/29/18, the Secretary of State was served\r\non behalf of AFI with the service being forwarded to AFI on 7/17/18. On 3/6/20, default judgment was entered\r\nagainst AFI. On 6/11/21, AFI filed and\r\nserved the instant motion seeking an order setting aside the request for\r\ndefault and default judgment entered against AFI in this case.

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CCP 473.5 provides:

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(a) When service of a summons has\r\nnot resulted in actual notice to a party in time to defend the action and a\r\ndefault or default judgment has been entered against him or her in the action,\r\nhe or she may serve and file a\r\nnotice of motion to set aside the default\r\nor default judgment and for leave to defend the action. The notice of motion shall be served and\r\nfiled within a reasonable time, but in no event exceeding the earlier of: (i)\r\ntwo years after entry of a default judgment against him or her; or (ii) 180 days after service on\r\nhim or her of a written notice\r\nthat the default or default\r\njudgment has been entered.

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(b)\r\nA notice of motion to set aside a default or default judgment and for leave to\r\ndefend the action shall designate as the time for making the motion a\r\ndate prescribed by subdivision\r\n(b) of Section 1005, and it shall be accompanied by an\r\naffidavit showing under oath that the party's\r\nlack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable\r\nneglect. The party shall serve and file with the notice\r\na copy of the answer, motion, or other pleading proposed to be filed in the\r\naction.

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(c) Upon a finding by the court that\r\nthe motion was made within the period permitted by subdivision (a) and that\r\nhis or her lack of actual notice\r\nin time to defend the action was not caused by his or her avoidance of service\r\nor inexcusable neglect, it may set aside the default or default judgment\r\non whatever terms as may be just\r\nand allow the party to defend\r\nthe action.

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The Court finds that Plaintiff’s obtaining an order to\r\nserve AFI by serving the Secretary of State was appropriate under the\r\ncircumstances of this case. An agent for\r\nthe purpose of service of process on Plaintiff could not with reasonable\r\ndiligence be found at the address designated for personally delivering process\r\nat the time service was made as Plaintiff had moved its offices without updating\r\nits address with the Secretary of State . \r\nSee Corp. Code 1702(a); (Berke Decl. and Ex.A and B thereto). However, AFI has provided sufficient evidence\r\nthat service of the summons and First Amended Complaint on the Secretary of\r\nState did result not in its actual notice of the action in time to defend and\r\nthat the lack of actual notice in time to defend was not caused by AFI’s avoidance\r\nof service or inexcusable neglect. (See\r\nMotion, Ex.B - Blank Decl.; Motion, Ex.E - Okhman Decl.; Reply, Ex.A – Supp. Okhman\r\nDecl.); CCP 473.5(a), (b). The Court\r\nfinds that AFI’s failure to update its address with the Secretary of State\r\namounts to excusable neglect and does not establish that AFI was avoiding\r\nservice. See CCP 473.5(b),\r\n(c).

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AFI has filed and served the instant motion for relief\r\nfrom the default judgment within a reasonable time. The motion was filed approximately two months\r\nafter AFI learned of the default judgment on 3/8/21 and less than two years\r\nafter the entry of the default judgment. \r\n(See Motion, Ex.D); CCP 473.5(a). \r\nAdditionally, AFI has attached a copy of its proposed Answer to the\r\nmotion. (See Motion, Ex.F).

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Based on the foregoing, the default and default judgment\r\nentered against AFI in this action are set aside. AFI is ordered to separately file its Answer\r\nto the First Amended Complaint by the end of the day.

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