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This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:59:07 (UTC).

NOIL USA INC VS LINCOLN TRANSPORTATION SERVICES INC

Case Summary

On 10/24/2017 NOIL USA INC filed a Contract - Other Contract lawsuit against LINCOLN TRANSPORTATION SERVICES INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JOHN P. DOYLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0913

  • Filing Date:

    10/24/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JOHN P. DOYLE

 

Party Details

Plaintiffs and Petitioners

NOIL USA INC

NOIL USA INC.

Defendants and Respondents

LINCOLN TRANSPORTATION SERVICES INC

DOES 1 TO 10

LINCOLN TRANSPORTATION SERVICES INC.

Defendant and Cross Plaintiff

LINCOLN TRANSPORTATION SERVICES INC.

Plaintiff and Cross Defendant

NOIL USA INC.

Not Classified By Court

CROSS-DEFENDANT NOIL USA INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

GAREEB ALEXANDER S. ESQ.

SWEENEY ANNA C.

TOLMAS EDWIN

Defendant, Respondent and Cross Plaintiff Attorneys

ARENAS PAUL B. ESQ.

MASTROIANNI ALBERT DOUGLAS

Plaintiff and Not Classified By Court Attorney

SWEENEY ANNA C.

 

Court Documents

ANSWER TO CROSS COMPLAINT CROSS-COMPLAINT LINCOLN TRANSPORTATION SERVICES, INC.

3/5/2018: ANSWER TO CROSS COMPLAINT CROSS-COMPLAINT LINCOLN TRANSPORTATION SERVICES, INC.

PLAINITFF'S WITNESS LIST

8/10/2018: PLAINITFF'S WITNESS LIST

PLAINTIFF'S EXHIBIT LIST

8/10/2018: PLAINTIFF'S EXHIBIT LIST

NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE AND RELATED COURT DATES

9/10/2018: NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE AND RELATED COURT DATES

AMENDMENT TO COMPLAINT

9/21/2018: AMENDMENT TO COMPLAINT

UNOPPOSED EX PARTE APPLICATION TO VACATE OR CONTINUE TRIAL DATE; DECLARATION OF A. DOUGLAS MASTROIANNI

9/21/2018: UNOPPOSED EX PARTE APPLICATION TO VACATE OR CONTINUE TRIAL DATE; DECLARATION OF A. DOUGLAS MASTROIANNI

Certificate of Mailing for

1/9/2019: Certificate of Mailing for

Minute Order

1/9/2019: Minute Order

Motion to Consolidate

5/24/2019: Motion to Consolidate

Minute Order

6/6/2019: Minute Order

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

6/26/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Order to Deposit

6/26/2019: Order to Deposit

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

6/27/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Reply

7/17/2019: Reply

Motion to Compel

7/18/2019: Motion to Compel

Notice of Posting of Jury Fees

7/18/2019: Notice of Posting of Jury Fees

NOTICE OF CASE MANAGEMENT CONFERENCE

10/30/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

SUMMONS

10/24/2017: SUMMONS

54 More Documents Available

 

Docket Entries

  • 10/07/2019
  • Hearingat 08:30 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 10/01/2019
  • Hearingat 08:30 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/11/2019
  • Hearingat 08:30 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Conference (name extension)

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  • 09/11/2019
  • Hearingat 08:30 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 08/13/2019
  • Docketat 08:30 AM in Department 58; Hearing on Motion to Continue (to compel & other things) - Held - Advanced and Heard

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  • 07/26/2019
  • DocketNotice of Ruling; Filed by Noil USA, Inc. (Cross-Defendant)

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  • 07/24/2019
  • Docketat 08:30 AM in Department 58; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held

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  • 07/24/2019
  • Docketat 08:30 AM in Department 58; Hearing on Motion to Deem Request for Admissions Admitted - Held

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  • 07/24/2019
  • Docketat 08:30 AM in Department 58; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held

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  • 07/24/2019
  • Docketat 08:30 AM in Department 58; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held

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100 More Docket Entries
  • 01/02/2018
  • DocketAnswer; Filed by Defendant and Cross-Complainant

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  • 12/06/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 12/06/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 10/30/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 10/30/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 10/30/2017
  • DocketORDER TO SHOW CAUSE HEARING

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  • 10/30/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 10/24/2017
  • DocketComplaint; Filed by Noil USA, Inc. (Plaintiff)

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  • 10/24/2017
  • DocketCOMPLAINT FOR DAMAGES (1) BREACH OF CONTRACT ;ETC

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  • 10/24/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC680913    Hearing Date: September 29, 2020    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: September 29, 2020

Case Name: Noil USA, Inc. v. Lincoln Transportation Services, Inc., et al.

Case No.: BC680913

Matter: Motion to Set Aside Default Judgment and Dismissal

Moving Party: Defendant/Cross-Complainant Lincoln Transportation Services, Inc.

Responding Party: Plaintiff/Cross-Defendant Noil USA, Inc.


Tentative Ruling: The Motion is granted in part. The Default/Default Judgment is set

aside. The order of dismissal remains in place.


The Court set an OSC re: “Strike Answer/Cross-Complaint of Lincoln Transportation Services for Counsel's Failure to Appear” for December 5, 2019.

On December 5, 2019, it became apparent at the OSC that counsel of record for Defendant— Albert Douglas Mastroianni—had become ineligible to practice law. The Court, thus, struck Defendant’s Answer, dismissed its Cross-Complaint, and dismissed Cross-Defendant Noil USA, Inc.

On January 22, 2020, the Court entered default judgment in favor of Plaintiff and against Defendant.

Defendant now seeks to set aside its default, default judgment, and the dismissal as to Cross-Defendant Noil USA, Inc. due to attorney fault.

Code Civ. Proc. § 473(b) provides in relevant part: “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.”

“[A]n attorney affidavit of fault under the mandatory relief provisions of section 473, subdivision (b) need not include an explanation of the reasons for the attorney's mistake, inadvertence, surprise, or neglect.” (Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal. App. 4th 432, 443.) Moreover, under this mandatory provision “it does not matter whether [counsel’s] neglect was excusable or inexcusable.” (Ibid.)

Noil argues that mandatory relief is inapplicable because a declaration is submitted only by Edward Muramoto who was not counsel of record at or before the time judgment was entered.

This lacks merit. Indeed, Code Civ. Proc. § 473(b) “only requires the affidavit be executed by an attorney who represents the client and whose mistake, inadvertence, surprise or neglect in fact caused the client's default or dismissal. The statute does not state that the affidavit must be signed by the ‘attorney of record’ in the civil action or by an attorney who has already appeared on behalf of the client.” (SJP Ltd. P'ship v. City of Los Angeles (2006) 136 Cal.App.4th 511, 517.) Here, Muramoto sufficiently provides he represented Defendant/Cross-Complainant as of November 20, 2019. (Muramoto Decl. ¶¶ 4, 10-12.)

Noil next argues it is not apparent that Muramoto solely caused the instant default, default judgment, and dismissal.

The Court disagrees. Muramoto provides that these events occurred because he miscalendared the December 5, 2019, hearing date and thereafter neglected to calendar the January 22, 2020, hearing pertaining to entry of default judgment. (Muramoto Decl. ¶¶ 17, 25.)

Noil argues Muramoto’s actions are inexcusable and tantamount to incompetence. But, as discussed, the mandatory provision of Code Civ. Proc. § 473(b) provides relief specifically for inexcusable neglect. (See, e.g., Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal. App. 4th 432, 443.)

Noil lastly argues that the Motion is too late with respect to Noil’s dismissal as a Cross-Defendant; that is, the Motion was filed more than six months after Noil’s dismissal from the Cross-Complaint.

Defendant argues the Motion is timely because (1) the Motion seeks only mandatory relief and (2) was filed within six months of the January 22, 2020, default judgment in this action. (Sugasawara v. Newland (1994) 27 Cal.App.4th 294, 297.)

It seems the Motion is untimely with respect to Cross-Defendant’s dismissal. The Court’s January 22, 2020, default judgment relates only to the Complaint in this action and not the Cross-Complaint. Further, in dismissing Cross-Defendant Noil, the Court entered a signed, written order which constitutes a judgment. (Younessi v. Woolf (2016) 244 Cal.App.4th 1137, 1142–43, [“All dismissals ordered by the court shall be in the form of a written order signed by the court and filed in the action and those orders when so filed shall constitute judgments and be effective for all purposes.”]; Lucky United Properties Inv., Inc. v. Lee (2010) 185 Cal.App.4th 125, 136–37 [“A written order of dismissal signed by the court constitutes a judgment and is effective for all purposes.”].) In other words, there are two separate judgments in this action: one with respect to Noil’s dismissal as a Cross-Defendant, and one as to Noil’s relief on its Complaint.

The Motion is timely with respect to the January 22, 2020, Default Judgment, but not the December 5, 2019, judgment of dismissal. Thus, the Motion is denied as to setting aside Cross-Defendant’s dismissal. On the other hand, Defendant has shown attorney neglect requiring that the January 22, 2020, default judgment be set side. (Code Civ. Proc. § 473(b).) The Motion is granted in part as set forth herein.

Case Number: BC680913    Hearing Date: January 22, 2020    Dept: 58

Judge John P. Doyle

Department 58


Case Name: Noil USA, Inc. v. Lincoln Transportation Services, Inc., et al.

Case No.: BC680913

Matter: Default Judgment Application

Ruling: The Default Judgment Application is denied without prejudice.

The Default Judgment Application is denied because no admissible evidence was provided. Plaintiff’s counsel does not seemingly have personal knowledge of the damages suffered.

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