This case was last updated from Los Angeles County Superior Courts on 11/01/2020 at 16:26:12 (UTC).

VANESSA WHITNEY VS CHAIM DERRY

Case Summary

On 01/03/2018 VANESSA WHITNEY filed a Personal Injury - Other Personal Injury lawsuit against CHAIM DERRY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are KENNETH R. FREEMAN, MARC D. GROSS, JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8837

  • Filing Date:

    01/03/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

KENNETH R. FREEMAN

MARC D. GROSS

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Plaintiff and Petitioner

WHITNEY VANESSA

Defendants and Respondents

DERRY CHAIM

DOES 1 TO 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SKLAR JULIA ESQ.

LAW OFFICES OF JULIA SKLAR

SKLAR JULIA

 

Court Documents

Judgment - JUDGMENT - DEFAULT JUDGMENT BY COURT - BEFORE TRIAL - 11/21/2019 ENTERED FOR PLAINTIFF WHITNEY, VANESSA AGAINST DEFENDANT DERRY, CHAIM.

11/21/2019: Judgment - JUDGMENT - DEFAULT JUDGMENT BY COURT - BEFORE TRIAL - 11/21/2019 ENTERED FOR PLAINTIFF WHITNEY, VANESSA AGAINST DEFENDANT DERRY, CHAIM.

Request for Entry of Default / Judgment

7/1/2019: Request for Entry of Default / Judgment

Order - ORDER BY THE COURT DENYING REQUEST FOR ENTRY OF DEFAULT

8/7/2019: Order - ORDER BY THE COURT DENYING REQUEST FOR ENTRY OF DEFAULT

Minute Order - MINUTE ORDER (COURT ORDER RE ORDER DENYING REQUEST FOR ENTRY OF DEFAULT JUD...)

8/7/2019: Minute Order - MINUTE ORDER (COURT ORDER RE ORDER DENYING REQUEST FOR ENTRY OF DEFAULT JUD...)

Declaration - DECLARATION IN SUPPORT OF JUDGEMENT

10/22/2019: Declaration - DECLARATION IN SUPPORT OF JUDGEMENT

Statement of Damages (Personal Injury or Wrongful Death)

10/22/2019: Statement of Damages (Personal Injury or Wrongful Death)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO ENTER DEFAUL...)

11/21/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO ENTER DEFAUL...)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)

3/24/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...) OF 03/24/2020

3/24/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...) OF 03/24/2020

Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MOTION TO SET ASIDE DEFAULT JUD...)

4/20/2020: Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MOTION TO SET ASIDE DEFAULT JUD...)

Opposition - OPPOSITION TO MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGEMENT

9/16/2020: Opposition - OPPOSITION TO MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGEMENT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...) OF 10/08/2020

10/8/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...) OF 10/08/2020

Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)

10/8/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)

Order on Court Fee Waiver (Superior Court)

12/20/2018: Order on Court Fee Waiver (Superior Court)

Minute Order -

1/17/2018: Minute Order -

ORDER ON COURT FEE WAIVER -

1/3/2018: ORDER ON COURT FEE WAIVER -

PLAINTIFF'S COMPLAINT FOR DAMAGES: 1. ASSAULT AND BATTERY ;ETC

1/3/2018: PLAINTIFF'S COMPLAINT FOR DAMAGES: 1. ASSAULT AND BATTERY ;ETC

SUMMONS -

1/3/2018: SUMMONS -

23 More Documents Available

 

Docket Entries

  • 10/08/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) ((If granted hold TSC)) - Held - Motion Denied

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  • 10/08/2020
  • DocketCertificate of Mailing for ((Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 10/08/2020); Filed by Clerk

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  • 10/08/2020
  • DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)); Filed by Clerk

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  • 10/01/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) ((If granted hold TSC)) - Not Held - Continued - Court's Motion

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  • 10/01/2020
  • DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)); Filed by Clerk

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  • 09/16/2020
  • DocketOpposition (to Motion to Set Aside Default and Default Judgement); Filed by Vanessa Whitney (Plaintiff)

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  • 05/07/2020
  • Docketat 1:30 PM in Department 31, Thomas D. Long, Presiding; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Not Held - Advanced and Continued - by Court

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  • 04/21/2020
  • DocketCertificate of Mailing for ([Minute Order (Court Order Re Continuance of Motion to Set Aside Default Jud...)]); Filed by Clerk

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  • 04/20/2020
  • Docketat 4:19 PM in Department 31, Thomas D. Long, Presiding; Court Order

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  • 04/20/2020
  • Docketat 2:58 PM in Department 31, Thomas D. Long, Presiding; Court Order

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33 More Docket Entries
  • 03/29/2018
  • DocketProof-Service/Summons; Filed by Vanessa Whitney (Plaintiff)

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  • 01/17/2018
  • Docketat 3:15 PM in Department 92; Court Order (Court Order; Court makes order) -

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  • 01/17/2018
  • DocketMinute Order

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  • 01/17/2018
  • DocketMinute order entered: 2018-01-17 00:00:00; Filed by Clerk

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  • 01/11/2018
  • Docketat 00:00 AM in Department 310; (Order-Complex Determination; Case Determined to be non-Complex) -

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  • 01/11/2018
  • DocketMinute order entered: 2018-01-11 00:00:00; Filed by Clerk

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  • 01/03/2018
  • DocketORDER ON COURT FEE WAIVER

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  • 01/03/2018
  • DocketSUMMONS

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  • 01/03/2018
  • DocketPLAINTIFF'S COMPLAINT FOR DAMAGES: 1. ASSAULT AND BATTERY ;ETC

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  • 01/03/2018
  • DocketComplaint; Filed by Vanessa Whitney (Plaintiff)

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Tentative Rulings

Case Number: BC688837    Hearing Date: October 08, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

VANESSA WHITNEY,

Plaintiff(s),

vs.

CHAIM DERRY, ET AL.,

Defendant(s).

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CASE NO: BC688837

[TENTATIVE] ORDER DENYING MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

Dept. 31

8:30 a.m.

October 8, 2020

  1. Background facts

    Plaintiff, Vanessa Whitney filed this action against Defendant, Chaim Derry for damages arising out of an assault and battery. On 3/29/18, Plaintiff filed a proof of service of the summons, complaint, statement of damages, and related papers on Defendant via personal service. On 10/10/18, at Plaintiff’s request, the Clerk entered Defendant’s default. On 11/21/19, the Court entered Judgment in Plaintiff’s favor and against Defendant in the total amount of $50,000.

    Defendant now moves to set aside the default and default judgment.

  2. Prior Motion to Dismiss

    Defendant previously filed a motion to dismiss on 12/18/19. On 2/04/20, the Court ruled on Defendant’s motion to dismiss. The Court ruled:

    On 12/18/19, Defendant filed this motion to dismiss the 11/21/19 Judgment. The motion is denied for the following reasons:

  1. Motion to Set Aside Default and Default Judgment

    Defendant moves to set aside the default and default judgment entered against him. Defendant asserts he was never served with the summons and complaint, and that there are often issues with mail in Defendant’s building. Although Defendant cites primarily to Nevada law, Defendant argues the default and default judgment should be set aside based on mistake, inadvertence, surprise, or excusable neglect.

    Plaintiff filed an opposition asserting Plaintiff was never served with the moving papers. Further, Plaintiff contends that while Defendant asserts there is often trouble with his mail, the summons and complaint were served through personal service at Defendant’s residence. Plaintiff avers Defendant has been aware of the action since the beginning, as Defendant called Plaintiff’s counsel three times as the lawsuit was pending.

    The court notes Defendant did not file proof of service of the moving papers on Plaintiff. Nevertheless, Plaintiff filed an opposition addressing Plaintiff’s arguments, and thus, the court will rule on the motion on its merits.

    While Defendant asserts there are issues with mail being placed in the wrong mailbox or items being stolen from the mailbox, the proof of service attached of the summons and complaint shows Defendant was served through personal service at his residence by a registered process server. (Opp. Exh. 1.) Defendant does not dispute that he was properly served through personal service. (Evid. Code § 647.) Furthermore, Defendant does not provide any grounds that constitute mistake, inadvertence, surprise, or excusable neglect for failing to answer the summons and complaint after being personally served.

    Based on the foregoing, Defendant’s motion is denied.

    Clerk to give notice.

    Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

    Dated this 8th day of October, 2020

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: BC688837    Hearing Date: October 01, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

VANESSA WHITNEY,

Plaintiff(s),

vs.

CHAIM DERRY, ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC688837

[TENTATIVE] ORDER DENYING MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

Dept. 31

8:30 a.m.

October 1, 2020

  1. Background facts

    Plaintiff, Vanessa Whitney filed this action against Defendant, Chaim Derry for damages arising out of an assault and battery. On 3/29/18, Plaintiff filed a proof of service of the summons, complaint, statement of damages, and related papers on Defendant via personal service. On 10/10/18, at Plaintiff’s request, the Clerk entered Defendant’s default. On 11/21/19, the Court entered Judgment in Plaintiff’s favor and against Defendant in the total amount of $50,000.

    Defendant now moves to set aside the default and default judgment.

  2. Prior Motion to Dismiss

    On 2/04/20, the Court ruled on Defendant’s motion to dismiss. The Court ruled:

    On 12/18/19, Defendant filed this motion to dismiss the 11/21/19 Judgment. The motion is denied for the following reasons:

  1. Motion to Set Aside Default and Default Judgment

    Defendant moves to set aside the default and default judgment entered against him. Defendant asserts he was never served with the summons and complaint, and that there are often issues with mail in Defendant’s building. Although Defendant cites primarily to Nevada law, Defendant argues the default and default judgment should be set aside based on mistake, inadvertence, surprise, or excusable neglect.

    Plaintiff filed an opposition asserting Plaintiff was never served with the moving papers. Further, Plaintiff contends that while Defendant asserts there is often trouble with his mail, the summons and complaint were served through personal service at Defendant’s residence. Plaintiff avers Defendant has been aware of the action since the beginning, as Defendant called Plaintiff’s counsel three times as the lawsuit was pending.

    The court notes Defendant did not file proof of service of the moving papers on Plaintiff. Nevertheless, Plaintiff filed an opposition addressing Plaintiff’s arguments, and thus, the court will rule on the motion on its merits.

    While Defendant asserts there are issues with mail being placed in the wrong mailbox or items being stolen from the mailbox, the proof of service attached of the summons and complaint shows Defendant was served through personal service at this residence. (Opp. Exh. 1.) Defendant does not dispute that he was properly served through personal service. Furthermore, Defendant does not provide any grounds that constitute mistake, inadvertence, surprise, or excusable neglect for failing to answer the summons and complaint after being personally served.

    Based on the foregoing, Defendant’s motion is denied.

    Clerk to give notice.

    Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

    Dated this 1st day of October, 2020

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: BC688837    Hearing Date: February 04, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

VANESSA WHITNEY,

Plaintiff(s),

vs.

CHAIM DERRY, ET AL.,

Defendant(s).

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)

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CASE NO: BC688837

[TENTATIVE] ORDER DENYING MOTION TO DISMISS

Dept. 31

1:30 p.m.

February 4, 2020

1. Background facts

Plaintiff, Vanessa Whitney filed this action against Defendant, Chaim Derry for damages arising out of an assault and battery. On 3/29/18, Plaintiff filed a proof of service of the summons, complaint, statement of damages, and related papers on Defendant via personal service. On 10/10/18, at Plaintiff’s request, the Clerk entered Defendant’s default. On 11/21/19, the Court entered Judgment in Plaintiff’s favor and against Defendant in the total amount of $50,000.

2. Motion to Dismiss

On 12/18/19, Defendant filed this motion to dismiss the 11/21/19 Judgment. The motion is denied for the following reasons:

· Defendant is in default. Entry of Defendant's default instantaneously cuts off his right to appear in the action. Defendant is “out of court.” He has no right to participate in the proceedings until either (a) his default is set aside (in which event, he may respond to the complaint), or (b) a default judgment is entered (in which event, he may appeal). See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.

· Defendant did not file proof of service of his moving papers on Plaintiff. California Rule of Court (“CRC”) Rule 3.1300(c).

· Defendant did not file a notice of motion, points and authorities, and/or evidence in support of his request for relief. CRC 3.1110, 3.1113.

Clerk to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.