Judge Stephen P. Pfahler, Case Number: 23STCV13831, Date: 2025-03-03 Tentative Ruling

Judge: Stephen P. Pfahler, Case: 23STCV13831, Date: 2025-03-03 Tentative Ruling

Case Number: 23STCV13831 Hearing Date: March 3, 2025 Dept: 68

Dept. 68

Date: 3-3-25 a/f 3-18-25

Case 23STCV13831

Trial Date: Vacated from 11-12-24

VACATE DEFAULT

MOVING PARTY: Defendant, V-Stream Aviation Corp.

RESPONDING PARTY: Plaintiffs, Betty Chen, et al.

RELIEF REQUESTED

Motion to Vacate Default

SUMMARY OF ACTION

On April 4, 2022, Plaintiffs Betty Chen entered into a written contract with defendant V-Stream Aviation Corp. for a one-way private jet aircraft charter from Maui Hawaii to Van Nuys California. The flight date was scheduled for April 15, 2022 at a cost of $47,600. Plaintiff Becky Yue was an intended co-passenger.

On April 8, 2022, Chen cancelled the charger via email “due to covid-19 exposure” with a confirmed positive test result. Chen subsequently requested a refund based on the language in the agreement allowing for a “no charge” refund for cancellations “at least 100 hours in advance of scheduled departure.” Registered agent for V-Stream, Eli Levy, purportedly confirmed the refund in June and July 2022, but no refund appeared.

On June 15, 2023, Plaintiffs filed their complaint for Breach of Contract and Conversion. On October 6, 2023, Plaintiffs filed their first amended complaint for Breach of Contract, Conversion, and Intentional Misrepresentation. On December 22, 2023, the court granted a motion to strike the claims for punitive damages and attorney fees. On January 22, 2024, Plaintiffs filed their second amended complaint for Breach of Contract, Conversion, and Intentional Misrepresentation.

On May 2, 2024, the court sustained the demurrer to the intentional misrepresentation cause of action, and overruled the demurrer to the conversion cause of action in the second amended complaint. On June 3, 2024, Plaintiff filed a third amended complaint for Breach of Contract, Conversion, and Intentional Misrepresentation.

On August 12, 2024, the clerk entered a default against V-Stream Aviation Corp.

RULING: Granted.

At the November 6, 2024, Final Status Conference, the court vacated the November 12, 2024, trial date, and specially set the motion to vacate default from March 18, 2025 to March 3, 2025, and continued the demurrer from March 3 to March 18, 2025. The court ordered V-Stream Aviation Corp. to serve amended notices on both the motion to vacate and demurrer within 10 days of the order. The court record shows no amended notices following the Final Status Conference. Given the presence of Plaintiff’s counsel at the Final Status Conference and waiver of notice at the time of the hearing, however, the court elects to consider the motion and find Plaintiff’s counsel elected to forego filing an opposition. The court electronic system shows no reply on file at the time of the tentative publication cutoff.

V-Stream Aviation Corp. moves for relief from the August 12, 2024, entered default on grounds of attorney mistake, inadvertence, and/or excusable neglect. Counsel underwent significant medical treatment, thereby impeding work capability. [Declaration of Farsheed Shomloo.]

Code of Civil Procedure section 473 subdivision (b) provides in part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.”

“The six-month time limit for granting statutory relief is jurisdictional and the court may not consider a motion for relief made after that period has elapsed. (Citation.) The six-month period runs from entry of default, not entry of judgment.” (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) The motion was timely filed on October 24, 2024—well within six month time frame.

“[A] trial court is obligated to set aside a default, default judgment, or dismissal if the motion for mandatory relief (1) is filed within six months of the entry of judgment, (2) ‘is in proper form,’ (3) is accompanied by the attorney affidavit of fault, and (4) demonstrates that the default or dismissal was in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.’” (Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 443.)

The court finds the declaration of counsel explaining the medical circumstances valid and therefore GRANTS the motion.

Though the caption in the filed pleading indicates a March 3, 2025, and no amended notice was served, the hearing date on the demurrer and motion to strike the third amended complaint remains scheduled for March 18, 2025.

Moving party to provide notice.