Santa Monica Superior Court Judge Pro Tem Robert Shutan refused to re-hear the merits of a lawsuit involving an apartment security deposit because the defendant, real estate company Elly Nesis Co., failed to appear at the original hearing.
After missing the original hearing, Elly Nesis Co. filed a motion to vacate the judgment entered against it, though the company did not appeal the ruling within the 30-day period required by law. A representative of Elly Nesis pleaded with the judge, explaining that she had been confused because the plaintiff, Jod Soraci, had served her with three different court documents. She added that she had to attend the eviction of a different tenant on the day she was meant to appear in small claims court.
“It was so confusing,” she said. “But he trashed the (rental). He doesn’t deserve this at all.”
The court was not sympathetic to her request. Santa Monica Superior Court Judge Pro Tem Robert Shutan refused to hear Elly Nesis Co.’s motion to vacate judgment and upheld the previous ruling.
Originally published in the Santa Monica Daily Press print edition on September 30, 2002. Read the original PDF.