Strelkova

STATEMENT OF FACTS AND PROCEDURAL HISTORY

I.

THE COMPLAINT IS FILED AND THE ANSWER IS SUBMITTED BUT REJECTED

On June 6, 2022, Kouprine, as counsel for plaintiff Natalia Strelkova, filed a complaint against Douglas Allen arising out of Strelkova’s rental of property from Allen. Allen was served by personal service on June 11, 2022. Allen’s counsel, Zachariah Tomlin, timely submitted Allen’s answer to the complaint via electronic filing on July 11, 2022; due to an error by the clerk, however, the filing was rejected. Tomlin served the answer on Kouprine by mail. Tomlin also served written discovery on Kouprine, which Kouprine acknowledges he received on July 14, 2022.

II.

DEFAULT IS ENTERED, THEN SET ASIDE

On July 12, 2022, one day after Allen’s response to the complaint was due, Kouprine electronically filed a request for entry of default with the trial court. The default was entered by the court clerk the same day (the July 12 default). Tomlin contacted Kouprine on July 14, 2022, advising him the court had improperly rejected Allen’s answer to the complaint and Tomlin was attempting to correct the error.

2 On July 18, Tomlin proposed a stipulation to set aside the July 12…