This case was last updated from San Francisco County Superior Courts on 01/17/2022 at 04:22:40 (UTC).

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

Case Summary

On 12/03/2012 CAPITAL ONE BANK USA , N A filed a Contract - Debt Collection lawsuit against BINH HOANG. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are MARLA J. MILLER, ERNEST H. GOLDSMITH and CYNTHIA M. LEE. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6587

  • Filing Date:

    12/03/2012

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Debt Collection

  • County, State:

    San Francisco, California

Judge Details

Judges

MARLA J. MILLER

ERNEST H. GOLDSMITH

CYNTHIA M. LEE

 

Party Details

Plaintiff

CAPITAL ONE BANK (USA), N.A.

Defendants

HOANG, BINH

DOES 1 TO 5, INCLUSIVE

HOANG, BINH THANH

San Francisco, CA 94122

Attorney/Law Firm Details

Plaintiff Attorney

BLEIER, ELIZABETH A

Attorney at BLEIER & COX LLP

16130 Ventura Blvd., Ste. 620

Encino, CA 914362568

Defendant Attorney

TRAN, JIM

Attorney at COAST LAW CENTER

5 Park Plaza, Ste 650

Irvine, CA 92614

 

Court Documents

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A. ESTIMATED TIME FOR TRIAL: 2.0 HOURS

MEMORANDUM OF COSTS AND DISBURSEMENTS

MEMORANDUM OF COSTS AND DISBURSEMENTS, $812.00 TOTAL COSTS, MATURE DATE JUN-25-2013, FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

GENERAL DENIAL

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

SUBSTITUTION OF ATTORNEY

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

COMPLAINT

EXEMPT 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)

PROOF OF SERVICE OF SUMMONS AND COMPLAINT

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

Order Setting Case Management Conference

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

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A. ESTIMATED TIME FOR TRIAL: 2.0 HOURS

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF JUL-24-2013 CONTINUED TO OCT-02-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

8 More Documents Available

 

Docket Entries

  • 01/19/2017
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  • DocketSATISFACTION OF JUDGMENT, FULLY SATISFIED, (TRANSACTION ID # 100025582) FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A. AS TO DEFENDANT HOANG, BINH THANH

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  • 05/01/2014
  • 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.

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  • 05/01/2014
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  • DocketORDER DENYING DEFENDANT'S MOTION TO VACATE JUDGMENT

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  • 05/01/2014
  • DocketMINI MINUTES FOR MAY-01-2014 09:30 AM FOR DEPT 302

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  • 05/01/2014
  • 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

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  • 04/03/2014
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  • DocketNOTICE OF CONTINUANCE OF DEFENDANT'S MOTION TO VACATE JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

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  • 04/01/2014
  • 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)

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  • 04/01/2014
  • DocketMINI MINUTES FOR APR-01-2014 09:30 AM FOR DEPT 302

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  • 04/01/2014
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  • DocketSUBSTITUTION OF ATTORNEY: TRAN, JIM SUBSTITUTED FOR PRO PER AS ATTORNEY FOR HOANG, BINH THANH

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  • 04/01/2014
  • 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

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24 More Docket Entries
  • 06/07/2013
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  • DocketDECLARATION IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

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  • 06/07/2013
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  • DocketMEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

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  • 06/07/2013
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  • DocketPROOF OF SERVICE OF MOTION FOR SUMMARY JUDGMENT FILED BY PLAINTIFF CAPITAL ONE BANK (USA), N.A.

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  • 06/07/2013
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  • 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)

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  • 05/31/2013
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  • DocketCASE MANAGEMENT CONFERENCE SET FOR JUL-24-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

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  • 01/18/2013
  • FinancialPayment : FIRST PAPER RESPONSE/PLEADING $2,500 - $10,000; Amount : $225; Payment Type : CASH ; Receipt Number : R1613118F027

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  • 01/18/2013
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  • DocketGENERAL DENIAL FILED BY DEFENDANT HOANG, BINH THANH (Fee:$225.00)

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  • 12/27/2012
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  • 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

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  • 12/04/2012
  • FinancialPayment : COMPLAINT/PETITION/FIRST PAPER; Amount : $225; Payment Type : CHECK ; Receipt Number : W1012C04F011

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  • 12/03/2012
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  • 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)

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Tentative Rulings

Case Number:*******6587
Case Title:CAPITAL ONE BANK (USA), N.A. VS. BINH HOANG et al
Court Date:APR-01-2014 09:30 AM
Calendar Matter:MOTION FOR SET ASIDE/VACATE JUDGMENT
Rulings:Set for hearing on Tuesday, April 1, 2014, line 9. DEFENDANT BINH HOANG'S MOTION FOR SET ASIDE/VACATE JUDGMENT. 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. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. =(302/EHG)


Case Number:*******6587
Case Title:CAPITAL ONE BANK (USA), N.A. VS. BINH HOANG et al
Court Date:SEP-09-2013 09:30 AM
Calendar Matter:MOTION FOR SUMMARY JUDGMENT
Rulings:Matter on Calendar for Monday, September 9, 2013, Line 15, PLAINTIFF CAPITAL ONE BANK (USA), N.A.'S MOTION FOR SUMMARY JUDGMENT Granted. No opposition was filed. The Court will sign the proposed order and judgment submitted with the moving papers. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/MJM)


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