Judge: Melvin D. Sandvig, Case: 23CHCV01907, Date: 2024-01-19 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: 23CHCV01907    Hearing Date: January 19, 2024    Dept: F47

Dept. F47

Date: 1/19/24

Case #23CHCV01907

MOTION TO SET ASIDE JUDGMENT

&

QUASH ANY WRIT OF POSSESSION/EXECUTION

Motion filed on 10/4/23.

MOVING PARTY: Defendant Lorraine Briones

RESPONDING PARTY: Plaintiff Northwestern Mutual Life Insurance Company

RELIEF REQUESTED: An order setting aside the judgment entered in this case and quashing any writ of possession and/or execution.

RULING: The motion is denied.

On 6/29/23, Plaintiff Northwestern Mutual Life Insurance Company dba Terrena (Plaintiff) filed this action against Defendant Lorraine Briones (Defendant) for unlawful detainer of the premises located at 9400 Corbin Ave., Unit 3088, Northridge, California 91324.  On 7/19/23, Defendant, representing herself, filed an answer to the complaint.  On 8/1/23, the Court served the parties with notice that the unlawful detainer trial was scheduled for 8/16/23 at 9:00 a.m. 

On 8/16/23, Defendant did not appear for trial and/or communicate with the court regarding her failure to appear.  (See 8/16/23 Minute Order).  The trial proceeded and judgment was entered for Plaintiff and against Defendant for the principal amount of $42,655.08, attorney fees of $1,200.00 and costs off $435.00 for a total of $44,290.08.  Id.; (See also 8/16/23 Judgment).  Restitution and possession of the premises was also granted for Plaintiff.  Id. 

On 8/29/23, Plaintiff filed an Application for Writ of Possession.  On 8/30/23, a Writ of Execution for Possession only was issued.  On 10/4/23, Defendant filed an ex parte application for stay of execution of judgment pending a motion to set aside and a motion to set aside/vacate judgment.  The motion was originally scheduled for hearing on 12/20/23 and was subsequently continued by the Court to 1/19/24.  (See 12/1/23 Notice of Continuance and Order).  On 10/6/23, the Court denied Defendant’s ex parte application.  (See 10/6/23 Minute Order).  On 11/20/23, the writ – return was filed. 

The motion to set aside judgment and quash any writ of possession fails for both procedural and substantive reasons.  First, no proof of service for the motion has been filed and no response to the motion has been filed by Plaintiff to cure the defect in notice.  Second, while Defendant claims that she had a medical emergency on the day of trial and was in the emergency room, Defendant provides no documentation from an emergency room visit on 8/16/23.  Rather, Defendant provides documentation from an exam performed two days later on 8/18/23.  Additionally, Defendant does not explain she could not have called the courtroom to explain the situation or have her husband or mother, both of whom she claims to have been in contact with on the morning of 8/16/23, call on her behalf.  (See L. Briones Decl.; E. Briones Decl.).