This case was last updated from Los Angeles County Superior Courts on 01/09/2021 at 00:47:26 (UTC).

DAM VENTURES INC. VS JUAN RIVAS, ET AL.

Case Summary

On 05/21/2019 DAM VENTURES INC filed a Contract - Other Contract lawsuit against JUAN RIVAS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4845

  • Filing Date:

    05/21/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

DAM VENTURES INC. DBA HANDYMAN CONNECTION OF SANTA CLARITA

Defendants and Cross Plaintiffs

RIVAS JUAN

RIVAS JENNIFER

Cross Defendants

THEODORE DEAN

DAM VENTURES INC.

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

HAGOPIAN SHANT

Defendant and Cross Plaintiff Attorneys

FLOCK JOHN KEVIN

FLOCK JOHN. K.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/07/2021

1/7/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/07/2021

Minute Order - Minute Order (Non-Jury Trial)

1/7/2021: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Court Order)

11/12/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/12/2020

11/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/12/2020

Answer - Answer

9/10/2019: Answer - Answer

Answer - Answer

9/10/2019: Answer - Answer

Substitution of Attorney - Substitution of Attorney

8/23/2019: Substitution of Attorney - Substitution of Attorney

Substitution of Attorney - Substitution of Attorney

8/23/2019: Substitution of Attorney - Substitution of Attorney

Answer - Answer

6/21/2019: Answer - Answer

Summons - Summons on Complaint

6/21/2019: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

6/21/2019: Cross-Complaint - Cross-Complaint

Complaint - Complaint

5/21/2019: Complaint - Complaint

Summons - Summons on Complaint

5/21/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5/21/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

5/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

5/21/2019: First Amended Standing Order - First Amended Standing Order

4 More Documents Available

 

Docket Entries

  • 01/07/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 01/07/2021
  • DocketCertificate of Mailing for (Non-Jury Trial) of 01/07/2021; Filed by: Clerk

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  • 01/07/2021
  • DocketOn the Complaint filed by DAM VENTURES INC. on 05/21/2019, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 01/07/2021
  • DocketNon-Jury Trial scheduled for 01/07/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/07/2021; Result Type to Held

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  • 01/07/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/24/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 01/07/2021

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  • 11/12/2020
  • DocketNon-Jury Trial scheduled for 01/07/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/12/2020
  • DocketMinute Order (Court Order)

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  • 11/12/2020
  • DocketCertificate of Mailing for (Court Order) of 11/12/2020; Filed by: Clerk

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  • 11/12/2020
  • DocketThere being no judge available this date, Non-Jury Trial scheduled for 11/17/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 01/07/2021 08:30 AM

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  • 09/10/2019
  • DocketAnswer; Filed by: Dean Theodore (Cross-Defendant)

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7 More Docket Entries
  • 06/21/2019
  • DocketSummons on Complaint; Issued and Filed by: JUAN RIVAS (Defendant); JENNIFER RIVAS (Defendant); As to: DAM VENTURES INC. (Plaintiff)

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  • 06/21/2019
  • DocketAnswer; Filed by: JUAN RIVAS (Defendant); JENNIFER RIVAS (Defendant); As to: DAM VENTURES INC. (Plaintiff)

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  • 05/22/2019
  • DocketNon-Jury Trial scheduled for 11/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/22/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/22/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/21/2019
  • DocketComplaint; Filed by: DAM VENTURES INC. (Plaintiff); As to: JUAN RIVAS (Defendant); JENNIFER RIVAS (Defendant)

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  • 05/21/2019
  • DocketSummons on Complaint; Issued and Filed by: DAM VENTURES INC. (Plaintiff); As to: JUAN RIVAS (Defendant); JENNIFER RIVAS (Defendant)

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  • 05/21/2019
  • DocketCivil Case Cover Sheet; Filed by: DAM VENTURES INC. (Plaintiff); As to: JUAN RIVAS (Defendant); JENNIFER RIVAS (Defendant)

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  • 05/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04845    Hearing Date: April 13, 2021    Dept: 25

HEARING DATE: Tue., April 13, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Dam Ventures, Inc. v. Rivas, et al. COMPL. FILED: 05-21-19

CASE NUMBER: 19STLC04845 DISMISSAL: 01-07-21

NOTICE: OK

PROCEEDINGS: MOTION TO VACATE DISMISSAL OF THE CASE PURSUANT TO CODE CIV. PROC. 473(B)

MOVING PARTY: Plaintiff Dam Ventures, Inc. dba Handyman Connection of Santa Clarita

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Dam Ventures, Inc. dba Handyman Connection of Santa Clarita’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on January 7, 2021 is HEREBY VACATED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of April 9, 2021 [ ] Late [X] None

REPLY: None filed as of April 9, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 21, 2019, Plaintiff Dam Ventures, Inc. dba Handyman Connection of Santa Clarita (“Plaintiff”) filed an action against Juan Rivas (“Juan”) and Jennifer Rivas (“Jennifer”) (collectively, “Defendants”). Defendants filed a joint Answer and a Cross-Complaint against Plaintiff and Dean Theodore (“Theodore”) on June 21, 2019. Plaintiff and Cross-Defendant Theodore filed Answers to the Cross-Complaint on September 10, 2019.

A non-jury trial was scheduled for January 7, 2021. There being no appearances by either side, the Court ordered the case dismissed without prejudice. (1/7/21 Minute Order.)

Plaintiff filed the instant Motion to Vacate Dismissal of the Case (the “Motion”) on January 29, 2021. No opposition was filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

Plaintiff’s Motion is timely. It seeks to set aside the dismissal entered on January 7, 2021 due to Plaintiff’s counsel’s mistake, inadvertence, surprise, and neglect. (Mot., p. 4:12-16.) Specifically, Plaintiff’s counsel explains that on January 5, 2021, he filed a stipulation to continue the trial date. (Mot., Hagopian Decl., ¶¶ 6-7.) Counsel also states he caused a courtesy copy of the stipulation to be delivered to the Court. (Id. at ¶ 8.) Because the stipulation was presumably received, he mistakenly and inadvertently did not appear at the non-jury trial scheduled for January 7, 2021 believing the stipulation to continue the trial would be granted. (Id. at p. 4: 22-26, Hagopian Decl., ¶ 9.) Counsel further states he was ill on the day of trial. (Id. at ¶ 10.) On or about January 28, 2021, Plaintiff’s counsel discovered the case had been dismissed for failure to prosecute. (Id. at ¶ 11.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, the unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Dam Ventures, Inc. dba Handyman Connection of Santa Clarita’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on January 7, 2021 is HEREBY VACATED.

Moving party is ordered to give notice.

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