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.
*******7566
05/23/2018
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
KIRAKOSIAN EDUARD
ORANGE VACATION
NALBANDYAN JOHNNY
WHITE GRACE
11/20/2019: Minute Order - Minute Order (Non-Jury Trial)
11/20/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/20/2019
8/17/2018: Proof of Personal Service
8/17/2018: Request for Entry of Default / Judgment
8/29/2018: Request for Entry of Default / Judgment
9/10/2018: Notice of Rejection Default/Clerk's Judgment
3/5/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
8/23/2018: Notice of Rejection Default/Clerk's Judgment
5/23/2018: Summons - on Complaint
5/23/2018: Civil Case Cover Sheet
5/23/2018: Complaint
5/23/2018: Notice of Case Assignment - Limited Civil Case
DocketOn the Complaint filed by Eduard Kirakosian on 05/23/2018, entered Order for Dismissal without prejudice as to the entire action
DocketMinute Order (Non-Jury Trial)
DocketCertificate of Mailing for (Non-Jury Trial) of 11/20/2019; Filed by: Clerk
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
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
DocketDefault entered as to Johnny Nalbandyan; On the Complaint filed by Eduard Kirakosian on 05/23/2018
DocketRequest for Entry of Default / Judgment; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant)
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk
DocketRequest for Entry of Default / Judgment; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant)
Docket; Default not entered as to Johnny Nalbandyan; On the Complaint filed by Eduard Kirakosian on 05/23/2018
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
DocketRequest for Entry of Default / Judgment; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Eduard Kirakosian (Plaintiff)
DocketComplaint; Filed by: Eduard Kirakosian (Plaintiff); As to: Johnny Nalbandyan (Defendant); Orange Vacation (Defendant)
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 11/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
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.