This case was last updated from Los Angeles County Superior Courts on 05/21/2021 at 07:39:26 (UTC).

INTERVENTIONAL SPINE CARE AND ORTHOPEDIC REGENERATIVE EXPERTS VS JESUS A. SIAN

Case Summary

On 12/23/2020 INTERVENTIONAL SPINE CARE AND ORTHOPEDIC REGENERATIVE EXPERTS filed a Contract - Other Contract lawsuit against JESUS A SIAN. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0653

  • Filing Date:

    12/23/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

INTERVENTIONAL SPINE CARE AND ORTHOPEDIC REGENERATIVE EXPERTS

Defendant

SIAN JESUS A.

Attorney/Law Firm Details

Plaintiff Attorney

LEVINE ZACHARY

 

Court Documents

First Amended Standing Order - First Amended Standing Order

12/23/2020: First Amended Standing Order - First Amended Standing Order

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

12/23/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

12/23/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

12/23/2020: Complaint - Complaint

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/28/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

3/9/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

3/9/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

3/9/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

 

Docket Entries

  • 12/27/2023
  • Hearing12/27/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 06/22/2022
  • Hearing06/22/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 03/09/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Interventional Spine Care and Orthopedic Regenerative Experts (Plaintiff)

    Read MoreRead Less
  • 03/09/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

    Read MoreRead Less
  • 03/09/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Interventional Spine Care and Orthopedic Regenerative Experts (Plaintiff); As to: Jesus A. Sian (Defendant)

    Read MoreRead Less
  • 03/09/2021
  • DocketDefault entered as to Jesus A. Sian; On the Complaint filed by Interventional Spine Care and Orthopedic Regenerative Experts on 12/23/2020

    Read MoreRead Less
  • 01/28/2021
  • DocketProof of Service by Substituted Service; Filed by: Interventional Spine Care and Orthopedic Regenerative Experts (Plaintiff); As to: Jesus A. Sian (Defendant); Proof of Mailing Date: 01/27/2021; Service Cost: 75.00; Service Cost Waived: No

    Read MoreRead Less
  • 12/24/2020
  • DocketNon-Jury Trial scheduled for 06/22/2022 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 12/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/27/2023 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 12/24/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less
  • 12/23/2020
  • DocketComplaint; Filed by: Interventional Spine Care and Orthopedic Regenerative Experts (Plaintiff); As to: Jesus A. Sian (Defendant)

    Read MoreRead Less
  • 12/23/2020
  • DocketSummons on Complaint; Issued and Filed by: Interventional Spine Care and Orthopedic Regenerative Experts (Plaintiff); As to: Jesus A. Sian (Defendant)

    Read MoreRead Less
  • 12/23/2020
  • DocketCivil Case Cover Sheet; Filed by: Interventional Spine Care and Orthopedic Regenerative Experts (Plaintiff); As to: Jesus A. Sian (Defendant)

    Read MoreRead Less
  • 12/23/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 12/23/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 20STLC10653 Hearing Date: October 4, 2021 Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE ENTRY OF DEFAULT

\r\n\r\n

\r\n\r\n

MOVING PARTY: Defendant\r\nJesus A. Sian

\r\n\r\n

RESP. PARTY: None

\r\n\r\n

\r\n\r\n

MOTION TO SET ASIDE DEFAULT

\r\n\r\n

(CCP § 473(b))

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

\r\n\r\n

\r\n\r\n

Defendant Jesus\r\nA. Sian’s Motion to Set Aside Entry of Default is GRANTED. The default entered\r\non March 9, 2021 is HEREBY VACATED. Defendant is to file his proposed answer\r\nwithin ten (10) days of notice of this order.

\r\n\r\n

\r\n\r\n

SERVICE: \r\n

\r\n\r\n

\r\n\r\n

[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

\r\n\r\n

[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

\r\n\r\n

[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

\r\n\r\n

\r\n\r\n

OPPOSITION: None filed as of September\r\n30, 2021 [ ] Late [X] None

\r\n\r\n

REPLY: None filed as\r\nof September 30, 2021 [ ] Late [X] None

\r\n\r\n

\r\n\r\n

ANALYSIS:

\r\n\r\n

\r\n\r\n

I. \r\nBackground\r\n

\r\n\r\n

\r\n\r\n

On December 23, 2020, Plaintiff\r\nInterventional Spine Care and Orthopedic Regenerative Experts (“Plaintiff”)\r\nfiled an action against Defendant Jesus A. Sian (“Defendant”). Following\r\nDefendant’s failure to respond, default was entered against him on March 9,\r\n2021.

\r\n\r\n

\r\n\r\n

Defendant filed the instant Motion\r\nto Set Aside Entry of Default (the “Motion”) on September 3, 2021. No\r\nopposition was filed.

\r\n\r\n

\r\n\r\n

II. \r\nLegal\r\nStandard & Discussion

\r\n\r\n

\r\n\r\n

Defendant seeks relief\r\npursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., pp. 1-2.)\r\nUnder this statute, an\r\napplication for relief must be made no more than six months after entry of the\r\njudgment, dismissal, order or other proceeding from which relief is sought and\r\nmust be accompanied by an affidavit of fault attesting to the mistake,\r\ninadvertence, surprise or neglect of the moving party or its attorney. (Code\r\nCiv. Proc., § 473, subd. (b); English v.\r\nIKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

\r\n\r\n

\r\n\r\n

Defendant’s Motion is timely and is\r\naccompanied by a copy of his proposed answer. He seeks to set aside the default\r\nentered on March 9, 2021 due to Defendant’s counsel’s mistake, inadvertence,\r\nsurprise, or excusable neglect. (Mot., p. 3.) Specifically, counsel explains\r\nthat his office was representing Defendant in a separate matter that settled in\r\n2020. (Id., Gomez Decl., ¶ 2.) When counsel received this Complaint, it\r\nwas mistakenly filed under the other settled matter. (Id.) Further, due\r\nto attorney departures and the matter being subsequently assigned, no answer\r\ndue date was calendared for this action. (Id.) Thereafter, Defendant’s\r\ncounsel sought a stipulation from Plaintiff’s counsel to set aside the default\r\nbut was unsuccessful. (Id. at ¶ 3.)

\r\n\r\n

\r\n\r\n

Based on the timely request to vacate\r\nthe default supported by an attorney affidavit of fault, the unopposed Motion\r\nis GRANTED.

\r\n\r\n

\r\n\r\n

III. \r\nConclusion\r\n& Order

\r\n\r\n

\r\n\r\n

For the foregoing reasons, Defendant\r\nJesus A. Sian’s Motion to Set Aside Entry of Default is GRANTED. The default\r\nentered on March 9, 2021 is HEREBY VACATED. Defendant is to file his proposed\r\nanswer within ten (10) days of notice of this order.

\r\n\r\n

\r\n\r\n

Moving party is ordered to give notice.\r\n

'
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where INTERVENTIONAL SPINE CARE AND ORTHOPEDIC REGENERATIVE EXPERTS is a litigant