This case was last updated from Los Angeles County Superior Courts on 11/21/2019 at 00:06:00 (UTC).

EDUARD KIRAKOSIAN VS JOHNNY NALBANDYAN, ET AL.

Case Summary

On 05/23/2018 a Contract - Other Contract case was filed by EDUARD KIRAKOSIAN against JOHNNY NALBANDYAN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7566

  • Filing Date:

    05/23/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

KIRAKOSIAN EDUARD

Defendants

ORANGE VACATION

NALBANDYAN JOHNNY

Attorney/Law Firm Details

Plaintiff Attorney

WHITE GRACE

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

11/20/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/20/2019

11/20/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/20/2019

Proof of Personal Service

8/17/2018: Proof of Personal Service

Request for Entry of Default / Judgment

8/17/2018: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

8/29/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

9/10/2018: Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/5/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

8/23/2018: Notice of Rejection Default/Clerk's Judgment

Summons - on Complaint

5/23/2018: Summons - on Complaint

Civil Case Cover Sheet

5/23/2018: Civil Case Cover Sheet

Complaint

5/23/2018: Complaint

Notice of Case Assignment - Limited Civil Case

5/23/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 11/20/2019
  • DocketOn the Complaint filed by Eduard Kirakosian on 05/23/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 11/20/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 11/20/2019
  • DocketCertificate of Mailing for (Non-Jury Trial) of 11/20/2019; Filed by: Clerk

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  • 11/20/2019
  • DocketNon-Jury Trial scheduled for 11/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/20/2019; Result Type to Not Held - Taken Off Calendar by Court

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  • 11/20/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/26/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 11/20/2019

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  • 03/05/2019
  • DocketDefault entered as to Johnny Nalbandyan; On the Complaint filed by Eduard Kirakosian on 05/23/2018

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  • 03/05/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant)

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 09/10/2018
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 08/29/2018
  • DocketRequest for Entry of Default / Judgment; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant)

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5 More Docket Entries
  • 08/17/2018
  • Docket; Default not entered as to Johnny Nalbandyan; On the Complaint filed by Eduard Kirakosian on 05/23/2018

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  • 08/17/2018
  • DocketProof of Personal Service; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant); Service Date: 06/29/2018; Service Cost: 40.00; Service Cost Waived: No

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  • 08/17/2018
  • DocketRequest for Entry of Default / Judgment; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant)

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  • 05/23/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/23/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/23/2018
  • DocketCivil Case Cover Sheet; Filed by: Eduard Kirakosian (Plaintiff)

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  • 05/23/2018
  • DocketComplaint; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant); Orange Vacation (Defendant)

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  • 05/23/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 05/23/2018
  • DocketNon-Jury Trial scheduled for 11/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/23/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC07566    Hearing Date: January 29, 2020    Dept: 25

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Eduard Kirakosian’s Motion to Set Aside Dismissal is GRANTED.

I. Background

On May 23, 2018, Plaintiff Eduard Kirakosian (“Plaintiff”) filed an action for breach of contract against Johnny Nalbandyan (“Nalbandyan”) and Orange Vacation (collectively, “Defendants”). On March 5, 2019, default was entered against Nalbandyan.

A non-jury trial was scheduled on November 20, 2019. That morning, the matter was placed on second call and because there were no appearances by either side by 9:00 a.m., the Court ordered the entire case dismissed without prejudice. (11/20/19 Minute Order.)

On November 22, 2019, Plaintiff filed a Motion to Set Aside Dismissal (the “Motion”).

To date, no opposition or reply briefs have been filed.

II. Legal Standard & Discussion

Plaintiff seeks relief from the Court’s November 20, 2019 dismissal pursuant to Code of Civil Procedure section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order 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 was timely filed on November 22, 2019. Plaintiff seeks to set aside the dismissal due to Plaintiff’s counsel’s mistake, inadvertence, surprise, or neglect. Specifically, Plaintiff’s counsel explains she was late to the hearing because she had to attend a criminal matter in the East Los Angeles Courthouse that same morning. (Mot., White Decl., ¶ 3.) She further states she unable to reach Department 94 by phone to explain she would be late, and the rain and hail that day further contributed to counsel’s tardiness. (Id., ¶¶ 3-4.)

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

III. Conclusion & Order

Plaintiff Eduard Kirakosian’s Motion to Set Aside Dismissal is GRANTED.

Moving party is ordered to give notice.

Case Number: 18STLC07566    Hearing Date: January 27, 2020    Dept: 25

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Eduard Kirakosian’s Motion to Set Aside Dismissal is GRANTED.

I. Background

On May 23, 2018, Plaintiff Eduard Kirakosian (“Plaintiff”) filed an action for breach of contract against Johnny Nalbandyan (“Nalbandyan”) and Orange Vacation (collectively, “Defendants”). On March 5, 2019, default was entered against Nalbandyan.

A non-jury trial was scheduled on November 20, 2019. That morning, the matter was placed on second call and because there were no appearances by either side by 9:00 a.m., the Court ordered the entire case dismissed without prejudice. (11/20/19 Minute Order.)

On November 22, 2019, Plaintiff filed a Motion to Set Aside Dismissal (the “Motion”).

To date, no opposition or reply briefs have been filed.

II. Legal Standard & Discussion

Plaintiff seeks relief from the Court’s November 20, 2019 dismissal pursuant to Code of Civil Procedure section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order 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 was timely filed on November 22, 2019. Plaintiff seeks to set aside the dismissal due to Plaintiff’s counsel’s mistake, inadvertence, surprise, or neglect. Specifically, Plaintiff’s counsel explains she was late to the hearing because she had to attend a criminal matter in the East Los Angeles Courthouse that same morning. (Mot., White Decl., ¶ 3.) She further states she unable to reach Department 94 by phone to explain she would be late, and the rain and hail that day further contributed to counsel’s tardiness. (Id., ¶¶ 3-4.)

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

III. Conclusion & Order

Plaintiff Eduard Kirakosian’s Motion to Set Aside Dismissal is GRANTED.

Moving party is ordered to give notice.