Judge: Melvin D. Sandvig, Case: 21CHCV00170, Date: 2022-08-11 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21CHCV00170    Hearing Date: August 11, 2022    Dept: F47

Dept. F47

Date: 8/11/22

Case #21CHCV00170

MOTION FOR RELIEF FROM DEFAULT

Motion filed on 5/19/22.

MOVING PARTY: Defendant Outfit Realty, Inc.

RESPONDING PARTY: Plaintiff Gloria Brown

NOTICE: ok

RELIEF REQUESTED: An order setting aside the default entered against Outfit Realty, Inc. on the complaint filed by Gloria Brown.

RULING: The motion is granted.

Counsel for Defendant Outfit Realty, Inc. is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.  When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.  See also CRC 3.1110(f)(4).  While it appears there was an attempt to bookmark the declaration and exhibits attached to the motion, the bookmarks are not linked to the first page of the declaration and exhibits as required.  Failure to comply with these requirements in the future may result in  matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions. 

This action arises out of Plaintiff/Cross-Defendant Gloria Brown’s (Plaintiff) claim that defendants schemed to solicit and victimize her so that they could profit from the eventual loss of Plaintiff’s home.  Outfit Realty, Inc. has been named as a defendant in Plaintiff’s complaint as well as a cross-defendant in the cross-complaints filed by Venus Marie Louviere and Gloria Brown.    

On 2/15/22, default was entered against Outfit Realty, Inc. on Gloria Brown’s First Amended Complaint.  On 5/19/22, Outfit Realty, Inc. filed and served the instant motion seeking an order setting aside the default entered against Outfit Realty, Inc. on the complaint/First Amended Complaint filed by Gloria Brown.  Plaintiff Gloria Brown has opposed the motion.   

Outfit Realty, Inc. seeks relief from the default based on the fault of its former attorney, Solomon Gresen.  The Court finds attorney Gresen’s declaration sufficient to warrant mandatory relief under CCP 473(b) as his mistake, inadvertence, neglect, etc. need not be excusable to warrant relief.  See Standard Microsystems Corp. (2009) 179 CA4th 868, 897 (disapproved on other grounds in Even Zohar Construction & Remodeling, Inc. (2015) 61 C4th 830, 845; Vaccaro (1998) 63 CA4th 761, 770; Martin Potts & Assocs., Inc. (2016) 244 CA4th 432, 438-441.

Pursuant to CCP 473(b), attorney Gresen, who still represents housingassistant.org as a party in this action, is ordered to pay Plaintiff Gloria Brown $990.00, within 30 days,  as reasonable compensatory legal fees and costs.  (See Brault Decl. ¶¶19-20; See also Gresen Decl. ¶8).  

Outfit Realty, Inc. is ordered to separately file its Answer (which is attached to the motion) to Plaintiff Gloria Brown’s First Amended Complaint by the end of the day on 8/11/22.