Judge: Anne Richardson, Case: 22STCV17466, Date: 2023-05-05 Tentative Ruling
DEPARTMENT 40 - JUDGE ANNE RICHARDSON - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions. The tentative ruling will not become the
final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to
submit on the tentative ruling and avoid a court appearance, all counsel must
agree and choose which counsel will give notice. That counsel must 1) call
Dept 40 by 8:30 a.m. on the day of the hearing (213/633-0160) and state
that all parties will submit on the tentative ruling, and 2) serve notice of
the ruling on all parties. If any party declines to submit on the tentative
ruling, then no telephone call is necessary and all parties should appear at
the hearing in person or by Court Call.
Case Number: 22STCV17466 Hearing Date: May 5, 2023 Dept: 40
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CREDITORS ADJUSTMENT BUREAU, INC., Plaintiff, v. J AND S PAINTING, INC. AKA J AND S PAINTING INC; and DOES 1
through 10, Inclusive, Defendants. |
Case No.: 22STCV17466 Hearing Date: 5/5/23 Trial Date: N/A [TENTATIVE] RULING RE: Defendant J and S
Painting, Inc.’s Motion to Set Aside Defaults and Any Resulting Default
Judgment. |
On May 26, 2022, Plaintiff
Creditors Adjustment Bureau, Inc. (Plaintiff)—as assignee of interests held by
State Compensation Insurance Fund (Assignor)—sued Defendant J and S Painting, Inc. (J&S) and Does 1 through 10 pursuant
to a Complaint alleging claims of (1) Breach of Contract, (2) Open Book
Account, (3) Account Stated, and (4) Reasonable Value. The claims arose from
allegations that Defendant J&S and Assignor entered into a written
agreement wherein Assignor agreed to provide a policy of workers compensation
insurance to Defendant, bearing Policy No. 9246526-19 and providing coverage
for the period of February 28, 2019 through February 28, 2020, for which
Defendant agreed to pay premiums in accordance with the terms and conditions of
said policy, only for Defendant J&S to default on payments in the amount of
$132,150.74.
On July 5, 2022, summons and complaint were served on Defendant J&S.
On July 20, 2022, proof of service therefor was filed with the Court.
On August 26, 2022, Plaintiff dismissed Doe defendants from this action.
On August 31, 2022, Plaintiff requested, and the Clerk granted, an entry
of default against Defendant J&S.
Also on August 31, 2022, Plaintiff filed a complete default judgment
packet against Defendant, including a request for court judgment, a proposed
judgment, a declaration pursuant to Code of Civil Procedure section 585, and an
interest and attorney’s fees declaration.
On September 27, 2022, the Court granted default judgment in the amount
of $159,101.63, comprised of (1) base damages of $132,150.74, (2) prejudgment
interest of $25,122.80, (3) attorney’s fees of $1,200, and (4) costs of
$628.09. Judgment thereon was entered the same day, with notice of judgment on
September 28, 2022.
On March 21, 2023, Defendant J&S made a motion to set aside defaults
and any resulting default judgment against it. The motion was calendared for
hearing on May 5, 2023, a date not reflected in the caption page for the
motion.
On May 1, 2023, Plaintiff requested a continuance of the May 5th hearing
on the grounds that, because the motion did not contain a hearing date in its
caption page, Plaintiff’s counsel miscalendared the hearing date for May 26,
2023, only realizing the mistake recently, and impeding Plaintiff’s ability to
draft an opposition to the motion to set aside.
No reply thereto has been filed by Defendant J&S.
The motion to set aside is now
before the Court.
In the interest of justice, the
Court, per Plaintiff’s request, CONTINUES the hearing on this motion to set
aside to June 9, 2023.
Defendant J and S Painting, Inc.’s
Motion to Set Aside Defaults and Any Resulting Default Judgment is CONTINUED to
8:30 a.m. on June 9, 2023.
Plaintiff Creditors Adjustment
Bureau, Inc. may file an opposition to the motion to set aside no later than
Tuesday, May 23, 2023.
Defendant J and S Painting, Inc.
may file a reply to any opposition by Plaintiff no later than Tuesday, May 30,
2023.