This case was last updated from Los Angeles County Superior Courts on 01/11/2022 at 11:35:31 (UTC).

UKNIGHTED CLOTHING LLC ET AL VS GLOBAL APPAREL LLC ET AL

Case Summary

On 04/26/2017 UKNIGHTED CLOTHING LLC filed a Contract - Other Contract lawsuit against GLOBAL APPAREL LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9260

  • Filing Date:

    04/26/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

LUND LAURIE

UKNIGHTED CLOTHING INC.

Defendants

SETTON SIMON

GLOBAL APPAREL LLC

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

KAPLAN KENEGOS & KADIN

BENINCASA JOSEPH DOMINIC

 

Court Documents

Notice of Rejection - Ex Parte Application Without Hearing - NOTICE OF REJECTION - EX PARTE APPLICATION WITHOUT HEARING FOR PUBLICATION RE: SIMON & GLOBAL APPAREL, LLC

3/19/2019: Notice of Rejection - Ex Parte Application Without Hearing - NOTICE OF REJECTION - EX PARTE APPLICATION WITHOUT HEARING FOR PUBLICATION RE: SIMON & GLOBAL APPAREL, LLC

NOTICE OF RULING

12/11/2017: NOTICE OF RULING

NOTICE OF RULING

9/13/2018: NOTICE OF RULING

Application - APPLICATION APPLICATION FOR PUBLICATION

1/3/2020: Application - APPLICATION APPLICATION FOR PUBLICATION

Request for Entry of Default / Judgment

7/17/2020: Request for Entry of Default / Judgment

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR ENTRY OF DEFAULT/DEFAUL...)

7/10/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR ENTRY OF DEFAULT/DEFAUL...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR ENTRY OF DEFAULT/DEFAUL...) OF 07/10/2019

7/10/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR ENTRY OF DEFAULT/DEFAUL...) OF 07/10/2019

Motion to Set Aside/Vacate Dismissal

10/7/2019: Motion to Set Aside/Vacate Dismissal

Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))

11/7/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))

Application - APPLICATION APPLICATION FOR PUBLICATION

1/3/2020: Application - APPLICATION APPLICATION FOR PUBLICATION

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DEFAULT/DEFAULT JUDGMENT)

1/7/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DEFAULT/DEFAULT JUDGMENT)

Order for Publication - ORDER FOR PUBLICATION FOR SIMON

2/7/2020: Order for Publication - ORDER FOR PUBLICATION FOR SIMON

Order for Publication - ORDER FOR PUBLICATION FOR GLOBAL APPAREL, LLC

2/7/2020: Order for Publication - ORDER FOR PUBLICATION FOR GLOBAL APPAREL, LLC

Proof of Publication

3/16/2020: Proof of Publication

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/21/2020

4/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/21/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/21/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Request for Entry of Default / Judgment

7/17/2020: Request for Entry of Default / Judgment

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DEFAULT/DEFAULT JUDGMENT)

8/4/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DEFAULT/DEFAULT JUDGMENT)

46 More Documents Available

 

Docket Entries

  • 04/06/2021
  • Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Default Judgment) - Not Held - Vacated by Court

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  • 04/05/2021
  • DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by Clerk

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  • 04/05/2021
  • DocketDefault Judgment; Filed by Uknighted Clothing, Inc. (Plaintiff); Laurie Lund (Plaintiff)

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  • 02/16/2021
  • DocketRequest for Entry of Default / Judgment; Filed by Uknighted Clothing, Inc. (Plaintiff); Laurie Lund (Plaintiff)

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  • 02/16/2021
  • DocketSummary of the Case; Filed by Uknighted Clothing, Inc. (Plaintiff); Laurie Lund (Plaintiff)

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  • 02/16/2021
  • DocketRequest for Dismissal; Filed by Uknighted Clothing, Inc. (Plaintiff); Laurie Lund (Plaintiff)

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  • 02/16/2021
  • DocketDeclaration (of Laurie Lund in Support of Application for Default Judgment Pursuant to CCP 585(d)); Filed by Laurie Lund (Plaintiff)

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  • 02/05/2021
  • Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Default Judgment) - Held - Continued

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  • 02/05/2021
  • DocketMinute Order ( (Order to Show Cause Re: Default Judgment)); Filed by Clerk

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  • 02/05/2021
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Default Judgment) of 02/05/2021); Filed by Clerk

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85 More Docket Entries
  • 12/11/2017
  • DocketNOTICE OF RULING

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  • 12/08/2017
  • Docketat 08:30 AM in Department 24; Case Management Conference (Conference-Case Management; Proceeding continued) -

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  • 12/08/2017
  • DocketMinute Order

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  • 12/08/2017
  • DocketMinute order entered: 2017-12-08 00:00:00; Filed by Clerk

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  • 12/07/2017
  • DocketCase Management Statement; Filed by Uknighted Clothing, Inc. (Plaintiff)

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  • 12/07/2017
  • DocketCASE MANAGEMENT STATEMENT

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  • 08/08/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/26/2017
  • DocketComplaint; Filed by Uknighted Clothing, Inc. (Plaintiff); Laurie Lund (Plaintiff)

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  • 04/26/2017
  • DocketSUMMONS

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  • 04/26/2017
  • DocketCOMPLAINT FOR BREACH OF CONTRACT, FRAUD, AND CONVERSION

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Tentative Rulings

Case Number: ****9260    Hearing Date: February 05, 2021    Dept: 24

Plaintiff’s default judgment application is DENIED without prejudice. The Court notes the following issues with the packet:

Plaintiff fails to provide the required CIV-100 form. Plaintiff also fails to provide declarations as to the indidivudal defendant’s military status and costs. Plaintiff did not dismiss the doe defendants. Plaintiff should provide a code-compliant packet. (CRC Rule 3.1800(a).)

Plaintiff’s request for attorneys’ fees is not in line with LASC Rule 3.214 or supported by a declaration explaining why a greater amount should be awarded. Counsel’s bare declaration of fees is not an itemized statement of the services rendered or to be rendered. Thus, the Court would be inclined to grant $4,147.50 per the above referenced schedule.

Plaintiff’s request for punitive damages is denied. Plaintiff does not present evidence to allow evaluation of the effect of the punitive damages award on the defendant. (See Cummings Medical Corp v. Occupational Medical Corp. (1992) 10 Cal.App.4th 1291 [some measure of the effect of a punitive damages award in terms of deterrence is required before punitive damages may be awarded in a default judgment].) Further, Plaintiff does not provide for service of a statement of damages before the default was entered. (CCP ; 425.115.)



Case Number: ****9260    Hearing Date: November 07, 2019    Dept: 24

Plaintiff Uknighted Clothing LLC and Laurie Lund’s motion to set aside dismissal is GRANTED.

On April 26, 2017, Plaintiff Uknighted Clothing LLC and Laurie Lund (“Plaintiffs”) filed the instant breach of contract/fraud suit against Defendants Global Apparel LLC and Simon Setton (“Defendants”). The operative Complaint alleges three causes of action for breach of contract, fraud and conversion.

On July 10, 2019, the Court dismissed the suit because Plaintiffs’ counsel failed to appear at an OSC Re: Dismissal for entry of default/default judgment.

On October 7, 2019, Plaintiffs filed the instant motion to set aside the dismissal. No opposition was filed.

Legal Standard

Relief under section 473(b) is either discretionary or mandatory. A motion for mandatory relief must be made no more than six months after entry of judgment and be accompanied by an attorney’s sworn affidavit attesting to the attorney’s “mistake, inadvertence, surprise or neglect.” (CCP ; 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain 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, 438-441.)

Relief must be granted “unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.” (Ibid.) If mandatory relief is granted, the court must “direct the attorney to pay reasonable compensatory legal fees and costs” to the opposing counsel or parties. (CCP ; 473(b).)

Where a party cannot obtain an attorney affidavit of fault, the party may seek discretionary relief under section 473(b) due to “mistake, inadvertence, surprise, or excusable neglect.” (CCP ; 473(b).) A motion for discretionary relief must be made “within a reasonable time but in no instance exceeding six months after the judgment, dismissal, order, or proceeding was taken.” (Id.) If discretionary relief is granted, the court may in its discretion order the moving party to pay the costs, including attorney fees, incurred in obtaining the default. (Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 823; Vanderkous v. Conley (2010) 188 Cal.App.4th 111, 118-119.) If the motion for discretionary relief is granted, the court may order the offending attorney to pay monetary sanctions up to $1,000 to opposing parties, or up to $1,000 to the State Bar Client Security Fund, or “[g]rant other relief as is appropriate.” (CCP ; 473(c)(1)(A), (B), (C).)

Discussion

Here, Plaintiffs demonstrate that mandatory relief is required. Counsel provides an affidavit of fault. (See Benincasa Decl.) He states that on July 10, 2019, he was scheduled to appear in this action by Courtcall at 8:30 a.m. (Id. ¶ 3.) He explains that he became distracted by other cases and did not notice his alarm to make the Courtcall until later in the morning. (Id. ¶ 4-5.) He immediately called, but was too late as the case was already dismissed. (Id. ¶ 6.) Based on these representations, relief is mandatory.

Further, Defendant has not appeared in the case. From this, there appears to be no prejudice (or fees/costs) to Defendants stemming from this dismissal.

Accordingly, Plaintiffs’ motion is GRANTED.



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