Rok Mobile v. Brannon CA2/2

Filed 3/24/23 Rok Mobile v. Brannon CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

ROK MOBILE, INC., B308642

Plaintiff, (Los Angeles County Super. Ct. No. v. 19SMCV01492)

SCHAD BRANNON,

Defendant and Appellant;

RK SOLUTIONS, INC.,

Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Mark A. Young, Judge. Affirmed. Brian J. Jacobs for Defendant and Appellant. Galperin & Hensley and Yury Galperin for Respondent RK Solutions, Inc. Danning, Gill, Israel & Krasnoff and Uzzi O. Raanan for Respondent John J. Menchaca as Trustee in Bankruptcy.

Appellant Schad Brannon requested relief from a default judgment. (Code Civ. Proc., §§ 473, 473.5.)1 The trial court denied relief, finding that (1) Brannon had actual notice of the summons and complaint served by his former employer, plaintiff Rok Mobile, Inc. (Rok),2 and (2) his failure to answer the complaint or react to notice of default was not excusable neglect. The court did not abuse its discretion. We affirm.

1Undesignated statutory references are to the Code of Civil Procedure. 2 On April 27, 2021, Rok filed a voluntary bankruptcy petition. The bankruptcy court appointed John J. Menchaca as bankruptcy trustee. We struck the brief Rok filed in March 2022 because Rok lacked standing to proceed; however, the trustee later filed a brief on Rok’s behalf. The day before oral argument, Menchaca advised us that the bankruptcy court approved a sale of the bankruptcy estate to RK Solutions, Inc. A bankruptcy court order in In re Rok Mobile, Inc., Debtor Case No. 2:32-bk-13413-SK, dated January 20, 2023, did not show that the sale was fully consummated. At our request, the attorney for RK Solutions, Inc., Yury Galperin of Galperin & Hensley, LLC, filed a formal substitution of attorney and declaration averring that the sale to RK Solutions, Inc., has been fully consummated and cannot be challenged for failure of payment. Based on Galperin’s declaration and the related motions, we approved the substitution of RK Solutions, Inc., in place of the trustee, John J. Menchaca, as respondent in this appeal. No brief was filed by RK Solutions, Inc.