Nobel Textile v. Yashouafar CA2/8

Filed 7/20/22 Nobel Textile v. Yashouafar CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

NOBEL TEXTILE, INC., B317019

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BC704117 v.

DAVID YASHOUAFAR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Terry A. Green, Judge. Affirmed.

Fairview Law Firm, Fahim Farivar, Brian Ning and Catherine Jung for Defendant and Appellant.

Law Offices of Nico N. Tabibi, Nico N. Tabibi and Charles Gardner for Plaintiff and Respondent.

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David Yashouafar defaulted on a civil case against him. He appeals the trial court’s denial of his motion to set aside the default. We affirm. I In April 2018, Nobel Textile, Inc. filed a complaint against David Yashouafar and several of his companies. It alleged 16 causes of action stemming from Nobel’s predecessor lending money to Yashouafar and delivering fabrics to him. Nobel claimed Yashouafar took the loan and accepted the goods but did not pay. The balance was over $100,000. On January 7, 2019, Yashouafar filed an answer denying the allegations. On June 24, 2019, his counsel filed a motion to be relieved, and the court granted the motion in September 2019. Then in November, a minute order noted, “[Yashouafar’s] former counsel might be retained for this case again.” Yet the minute order states no appearance for Yashouafar. Neither party explains why the minute order included this statement. After September 2019, Yashouafar vanished from the case. Meanwhile the court held a hearing on an order to show cause regarding default against the corporate defendants in January 2020 and a final status conference in February 2021. Continuances due to the pandemic caused the year-long delay. On January 27, 2021, the court held a hearing on an order to show cause regarding Yashouafar’s own default. Yashouafar did not appear. The court struck Yashouafar’s answer and entered default against him as of that date. On February 11, 2021, Nobel filed a request for entry of default judgment against Yashouafar.