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This case was last updated from Los Angeles County Superior Courts on 01/13/2021 at 02:48:17 (UTC).

FIRE SAFE SYSTEMS, INC., A CALIFORNIA CORPORATION VS HK GENERAL CONTRACTORS, A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 07/15/2019 FIRE SAFE SYSTEMS, INC , A CALIFORNIA CORPORATION filed a Property - Other Real Property lawsuit against HK GENERAL CONTRACTORS, A CALIFORNIA CORPORATION. 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:

    *******6537

  • Filing Date:

    07/15/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

FIRE SAFE SYSTEMS INC. A CALIFORNIA CORPORATION

Defendants

HK GENERAL CONTRACTORS A CALIFORNIA CORPORATION

GIRLS SCOUTS OF GREATER LOS ANGELES A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

UNGAR MICHAEL T.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/11/2021

1/11/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/11/2021

Minute Order - Minute Order (Non-Jury Trial)

1/11/2021: Minute Order - Minute Order (Non-Jury Trial)

Summons - Summons on Complaint

7/15/2019: Summons - Summons on Complaint

Complaint - Complaint

7/15/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

7/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/15/2019: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 01/11/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 01/11/2021
  • DocketCertificate of Mailing for (Non-Jury Trial) of 01/11/2021; Filed by: Clerk

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  • 01/11/2021
  • DocketNon-Jury Trial scheduled for 01/11/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/11/2021; Result Type to Held

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  • 01/11/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/18/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 01/11/2021

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  • 01/11/2021
  • DocketOn the Complaint filed by FIRE SAFE SYSTEMS, INC., A CALIFORNIA CORPORATION on 07/15/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 07/16/2019
  • DocketNon-Jury Trial scheduled for 01/11/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/16/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/16/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/15/2019
  • DocketComplaint; Filed by: FIRE SAFE SYSTEMS, INC., A CALIFORNIA CORPORATION (Plaintiff); As to: HK GENERAL CONTRACTORS, A CALIFORNIA CORPORATION (Defendant); GIRLS SCOUTS OF GREATER LOS ANGELES, A CALIFORNIA CORPORATION (Defendant)

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  • 07/15/2019
  • DocketCivil Case Cover Sheet; Filed by: FIRE SAFE SYSTEMS, INC., A CALIFORNIA CORPORATION (Plaintiff); As to: HK GENERAL CONTRACTORS, A CALIFORNIA CORPORATION (Defendant); GIRLS SCOUTS OF GREATER LOS ANGELES, A CALIFORNIA CORPORATION (Defendant)

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  • 07/15/2019
  • DocketSummons on Complaint; Issued and Filed by: FIRE SAFE SYSTEMS, INC., A CALIFORNIA CORPORATION (Plaintiff); As to: HK GENERAL CONTRACTORS, A CALIFORNIA CORPORATION (Defendant); GIRLS SCOUTS OF GREATER LOS ANGELES, A CALIFORNIA CORPORATION (Defendant)

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  • 07/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06537    Hearing Date: April 15, 2021    Dept: 25

HEARING DATE: Thu., April 15, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Fire Safe Systems, Inc. v. HK General Contractors, et al.

CASE NUMBER: 19STLC06537 COMPL. FILED: 07-15-19

NOTICE: OK DISMISSAL: 01-11-21

PROCEEDINGS: MOTION FOR RELIEF FROM DISMISSAL OF THE CASE

MOVING PARTY: Plaintiff Fire Safe Systems, Inc.

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Fire Safe Systems, Inc.’s Motion for Relief from Dismissal of the Case is CONTINUED TO JUNE 3, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers as discussed herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 13, 2021 [ ] Late [X] None

REPLY: None filed as of April 13, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 15, 2019, Plaintiff Fire Safe Systems, Inc. (“Plaintiff”) filed an action against Defendants HK General Contractors (“HK General”) and Girl Scouts of Greater Los Angeles (“Girl Scouts”).

A non-jury trial was scheduled for January 11, 2021. There being no appearances at the hearing, the Court ordered the entire case dismissed without prejudice. (1/11/21 Minute Order.)

Plaintiff filed the instant Motion for Relief from Dismissal of the Case (the “Motion”) on February 22, 2021. No opposition was filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 3:6-16) 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 11, 2021 due to Joyce Moller’s (“Moller”) mistake, inadvertence, surprise, or excusable neglect. (Mot., p. 3:6-13.) Moller is Plaintiff’s authorized agent. (Id., Moller Decl., ¶ 1.) Plaintiff explains that Plaintiff and Defendant Girl Scouts were engaged in settlement discussions and Plaintiff and its counsel agreed to refrain from taking further legal action against Defendant Girl Scouts while engaged in settlement efforts. (Id. at ¶¶ 3-4.) Moller further states that she was advised in early February by counsel that the action had been dismissed without his knowledge of the hearing. (Id.) Plaintiff’s counsel also states he did not appear at the non-jury trial because he was not aware of that hearing. (Id., Ungar Decl., ¶ 8.)

Thus, it appears that the dismissal was caused by Plaintiff’s counsel’s error, not Plaintiff’s authorized agent’s mistake. Yet, Plaintiff’s Motion argues the dismissal was entered due to Plaintiff’s authorized agent’s mistake, inadvertence, surprise, or excusable neglect. (Mot., p. 3:6-9.) Because the dismissal was not caused by Plaintiff’s authorized agent’s mistake, this Motion must be supported by Plaintiff’s counsel’s declaration attesting to and accepting his mistake, inadvertence, surprise, or excusable neglect.

The Motion is CONTINUED to allow Plaintiff an opportunity to submit supplemental papers as discussed above.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Fire Safe Systems, Inc.’s Motion for Relief from Dismissal of the Case is CONTINUED TO JUNE 3, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers as discussed herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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