CAPITAL ONE BANK (USA), N.A. VS. BINH HOANG et al

DocketSATISFACTION OF JUDGMENT, FULLY SATISFIED, (TRANSACTION ID # 100025582) FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A. AS TO DEFENDANT HOANG, BINH THANH

DocketLAW AND MOTION, 302, RULING: THE COURT ADOPTED THE TENTATIVE RULING WHICH WAS NOT CONTESTED. DEFENDANT BINH HOANG'S MOTION TO VACATE JUDGMENT PURSUANT TO CCP 473(B) IS DENIED. THE MANDATORY RELIEF PROVISIONS OF CCP 473 DO NOT APPLY TO DEFENDANT BECAUSE DEFENDANT IS SEEKING RELIEF FROM AN ORDER GRANTING SUMMARY JUDGMENT AND JUDGMENT ENTERED THEREON. SEE ENGLISH V. IKON BUSINESS SOLUTIONS, INC., (2001) 94 CAL. APP. 4TH 130, 138; PRIETO V. LOYOLA MARYMOUNT UNIV. (2005) 132 CAL.APP.4TH 290, 297; LAS VEGAS LAND AND DEVELOPMENT COMPANY, LLC V. WILKIE WAY, LLC (2013) 219 CAL.APP.4TH 1086. "A SUMMARY JUDGMENT IS NEITHER A 'DEFAULT,' NOR A 'DEFAULT JUDGMENT,' NOR A 'DISMISSAL' WITHIN THE MEANING OF SECTION 473(B)." ENGLISH V. IKON BUSINESS SOLUTIONS, INC., SUPRA, 94 CAL. APP. 4TH AT 133. DEFENDANT'S MOTION APPEARS TO BE BASED SOLELY ON THE MANDATORY PROVISIONS OF CCP 473. IN THE LAST SENTENCE OF ITS REPLY BRIEF, DEFENDANT STATES THAT EVEN IF THE MANDATORY PROVISION IS NOT APPLICABLE, "DISCRETIONARY RELIEF IS STILL AVAILABLE TO DEFENDANT." REPLY BR. AT 3. HOWEVER, DEFENDANT FAILS TO ESTABLISH ANY FACTUAL BASIS FOR RELIEF UNDER THE DISCRETIONARY PORTIONS OF CCP 473. ORDER SIGNED. JUDGE: MARLA J. MILLER; CLERK: GINA GONZALES; REPORTER: SHERRY SAWYER CSR# 5976.

DocketORDER DENYING DEFENDANT'S MOTION TO VACATE JUDGMENT

DocketMINI MINUTES FOR MAY-01-2014 09:30 AM FOR DEPT 302

HearingMatter(s): MOTION FOR SET ASIDE\/VACATE JUDGMENT Off Calendar May-01-2014 Denied MINI MINUTES: No appearance. RULING: The Court adopted the tentative ruling which was not contested. DEFENDANT BINH HOANG'S MOTION TO VACATE JUDGMENT PURSUANT TO CCP 473(b) is denied. The mandatory relief provisions of CCP 473 do not apply to defendant because defendant is seeking relief from an order granting summary judgment and judgment entered thereon. See English v. IKON Business Solutions, Inc., (2001) 94 Cal. App. 4th 130, 138; Prieto v. Loyola Marymount Univ. (2005) 132 Cal.App.4th 290, 297; Las Vegas Land and Development Company, LLC v. Wilkie Way, LLC (2013) 219 Cal.App.4th 1086. "A summary judgment is neither a 'default,' nor a 'default judgment,' nor a 'dismissal' within the meaning of section 473(b)." English v. IKON Business Solutions, Inc., supra, 94 Cal. App. 4th at 133. Defendant's motion appears to be based solely on the mandatory provisions of CCP 473. In the last sentence of its reply brief, Defendant states that even if the mandatory provision is not applicable, "discretionary relief is still available to Defendant." Reply Br. at 3. However, Defendant fails to establish any factual basis for relief under the discretionary portions of CCP 473. ORDER SIGNED. Judge: Marla J. Miller; Clerk: Gina Gonzales; Reporter: Sherry Sawyer CSR# 5976.; Location: CIVIC CENTER COURTHOUSE ROOM 302; Judge Name: MARLA J. MILLER

DocketNOTICE OF CONTINUANCE OF DEFENDANT'S MOTION TO VACATE JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

DocketLAW AND MOTION 302, DEFENDANT BINH HOANG'S MOTION TO SET ASIDE/VACATE JUDGMENT IS CONTINUED TO MAY 1, 2014 AT 9:30 AM IN DEPT. 302, TO GIVE THE OPPOSING PARTY A CHANCE TO COMPLY WITH SAN FRANCISCO LOCAL RULE 2.6B. THE OPPOSING PARTY SHALL IMMEDIATELY PROVIDE A COURTESY COPY OF THE OPPOSITION WITH A COVER LETTER REFLECTING THE NEW HEARING DATE. JUDGE: ERNEST H. GOLDSMITH, CLERK: LESLEY FISCELLA, NOT REPORTED. (302)

DocketMINI MINUTES FOR APR-01-2014 09:30 AM FOR DEPT 302

DocketSUBSTITUTION OF ATTORNEY: TRAN, JIM SUBSTITUTED FOR PRO PER AS ATTORNEY FOR HOANG, BINH THANH

HearingMatter(s): MOTION FOR SET ASIDE\/VACATE JUDGMENT Off Calendar Apr-01-2014 Continued To May-01-14 At 09:30 A.M. In Dept 302 MINI MINUTES: No appearance on this matter. RULING: The Court adopted its tentative ruling. DEFENDANT BINH HOANG'S MOTION TO SET ASIDE\/VACATE JUDGMENT is continued to May 1, 2014, to give the opposing party a chance to comply with San Francisco Local Rule 2.6B. The opposing party shall immediately provide a courtesy copy of the opposition with a cover letter reflecting the new hearing date. Judge: Ernest H. Goldsmith, Clerk: Lesley Fiscella, Not reported.; Location: CIVIC CENTER COURTHOUSE ROOM 302; Judge Name: ERNEST H. GOLDSMITH

DocketDECLARATION IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

DocketMEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

DocketPROOF OF SERVICE OF MOTION FOR SUMMARY JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

DocketMOTION FOR SUMMARY JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A. HEARING SET FOR SEP-09-2013 AT 09:30 AM IN DEPT 302 (Fee:$500.00)

DocketCASE MANAGEMENT CONFERENCE SET FOR JUL-24-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

FinancialPayment : FIRST PAPER RESPONSE/PLEADING $2,500 - $10,000; Amount : $225; Payment Type : CASH ; Receipt Number : R1613118F027

DocketGENERAL DENIAL FILED BY DEFENDANT HOANG, BINH THANH (Fee:$225.00)

DocketSUMMONS ON COMPLAINT, PROOF OF SERVICE ONLY, FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A. SERVED DEC-19-2012, SUBSTITUTE SERVICE ON NATURAL PERSON AS TO DEFENDANT HOANG, BINH

FinancialPayment : COMPLAINT/PETITION/FIRST PAPER; Amount : $225; Payment Type : CHECK ; Receipt Number : W1012C04F011

DocketEXEMPT COLLECTIONS (RULE 3.740), COMPLAINT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A. AS TO DEFENDANT HOANG, BINH DOES 1 TO 5, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED PROOF OF SERVICE DUE ON JUN-03-2013 (Fee:$225.00)