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This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 11:42:07 (UTC).

JOSE RUFINO CHICAS VS STUNNING SIGNS LLC

Case Summary

On 10/05/2017 JOSE RUFINO CHICAS filed a Personal Injury - Motor Vehicle lawsuit against STUNNING SIGNS LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2709

  • Filing Date:

    10/05/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

CHICAS JOSE RUFINO

Defendants

STUNNING SIGNS LLC

CRISTERNA CARMEN

CRISTERNA FERNANDO EDWONDO

Attorney/Law Firm Details

Plaintiff Attorney

CABRERA CRISTAL LISA

 

Court Documents

Proof of Personal Service

2/16/2018: Proof of Personal Service

Proof of Personal Service

2/16/2018: Proof of Personal Service

Notice of Change of Address or Other Contact Information

8/21/2018: Notice of Change of Address or Other Contact Information

Request (name extension) - Request Request for Dismissal of DOES 1 through 10

2/1/2019: Request (name extension) - Request Request for Dismissal of DOES 1 through 10

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

2/1/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

2/1/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

2/1/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Proof of Personal Service - Proof of Personal Service

4/3/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/3/2019: Proof of Personal Service - Proof of Personal Service

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

4/3/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

4/3/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

4/3/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

4/3/2019: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Minute Order - Minute Order (Non-Jury Trial)

4/4/2019: Minute Order - Minute Order (Non-Jury Trial)

Summons - on Complaint

10/5/2017: Summons - on Complaint

Civil Case Cover Sheet

10/5/2017: Civil Case Cover Sheet

Complaint

10/5/2017: Complaint

Notice of Case Assignment - Limited Civil Case

10/5/2017: Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 10/08/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 08/22/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 04/04/2019
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 08/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/04/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 04/04/2019
  • DocketNon-Jury Trial scheduled for 04/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 04/04/2019; Result Type to Held

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  • 04/03/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Jose Rufino Chicas (Plaintiff); As to: Stunning Signs LLC (Defendant); Fernando Edwondo Cristerna (Defendant); Carmen Cristerna (Defendant)

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  • 04/03/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Jose Rufino Chicas (Plaintiff)

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  • 04/03/2019
  • DocketProof of Personal Service; Filed by: Jose Rufino Chicas (Plaintiff); As to: Stunning Signs LLC (Defendant); Service Date: 11/01/2017; Service Cost Waived: No

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  • 04/03/2019
  • DocketProof of Personal Service; Filed by: Jose Rufino Chicas (Plaintiff); As to: Fernando Edwondo Cristerna (Defendant); Service Date: 11/01/2017; Service Cost Waived: No

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  • 04/03/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by: Jose Rufino Chicas (Plaintiff)

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12 More Docket Entries
  • 02/16/2018
  • DocketProof of Personal Service; Filed by: Jose Rufino Chicas (Plaintiff); As to: Carmen Cristerna (Defendant); Service Date: 11/07/17; Service Cost: 0.00; Service Cost Waived: No

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  • 02/16/2018
  • DocketProof of Personal Service; Filed by: Jose Rufino Chicas (Plaintiff); As to: Stunning Signs LLC (Defendant); Service Date: 11/01/17; Service Cost: 0.00; Service Cost Waived: No

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  • 10/06/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 10/05/2017
  • DocketComplaint; Filed by: Jose Rufino Chicas (Plaintiff); As to: Stunning Signs LLC (Defendant)

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  • 10/05/2017
  • DocketCivil Case Cover Sheet; Filed by: Jose Rufino Chicas (Plaintiff)

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  • 10/05/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/05/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/05/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 10/05/2017
  • DocketNon-Jury Trial scheduled for 04/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 10/05/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 10/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC02709    Hearing Date: February 01, 2021    Dept: 26

Chicas v. Stunning Signs, LLC, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Jose Rufino Chicas’ Motion to Vacate Dismissal Entered on September 28, 2020 is GRANTED AS TO DEFENDANTS STUNNING SIGNS, LLC AND FERNANDO EDWONDO CRISTERNA. THE DISMISSAL REMAINS AS TO DEFENDANT CARMEN CRISTERNA.

Order to Show Cause Re Entry of Default Judgment is set for March 29, 2021 at 10:00 am in Department 26 in the Spring Street Courthouse.

ANALYSIS:

On October 5, 2017, Plaintiff Jose Rufina Chicas (“Plaintiff”) filed the instant action against Defendants Stunning Signs, LLC (“Defendant Stunning Signs”) Fernando Edwondo Cristerna (“Defendant Fernando”) and Carmen Cisterna (“Defendant Carmen”). The Court entered Defendants’ default on April 3, 2019. On October 10, 2019, Plaintiff filed requests for default judgment as to all Defendants.

At the October 17, 2019 Order to Show Cause regarding entry of default judgment, the Court informed Plaintiff that the requests for default judgment had been rejected and continued the Order to Show Cause to April 23, 2020 to give Plaintiff’s counsel time to fix the deficiencies and resubmit the package. (Minute Order, 10/17/19.)

The request for default judgment submitted on October 30, 2019 was also rejected for failure to demonstrate Defendant Carmen’s liability. (Notice of Rejection, filed 10/30/19.) After that rejection, nothing happened in the action for six months. Then the Court then continued the Order to Show Cause from April 23, 2020 to September 28, 2020. When Plaintiff failed to appear at the Order to Show Cause on September 28, 2020, the Court dismissed the action without prejudice.

Plaintiff filed the instant Motion to Vacate Dismissal on December 29, 2020. To date, no opposition has been filed to the Motion.

Discussion

Plaintiff seeks relief from the dismissal entered on September 28, 2020 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.)

The Motion is timely brought less than six months after dismissal of the action and supported by an attorney declaration of fault. Plaintiff’s attorney declares that her office was intermittently closed from July 1, 2020 through September 13, 2020 and upon receiving notice of the dismissal, realized that the office scheduled the Order to Show Cause for the wrong date. (Motion, Cabrera Decl., ¶¶7-9.) Based on the timely Motion supported by an attorney affidavit of fault, Plaintiff is entitled to relief from the dismissal under Code of Civil Procedure, section 473, subdivision (b).

The Motion also requests that the Court enter default judgment against Defendants Stunning Signs and Fernando Cristerna on the grounds that Plaintiff anticipates vacating Defendant Carmen Cristerna from this action. The Court declines to enter default judgment pursuant to the instant Motion; Plaintiff is to resubmit a default judgment packet as previously directed.

Conclusion

Plaintiff Jose Rufino Chicas’ Motion to Vacate Dismissal Entered on September 28, 2020 is GRANTED AS TO DEFENDANTS STUNNING SIGNS, LLC AND FERNANDO EDWONDO CRISTERNA. THE DISMISSAL REMAINS AS TO DEFENDANT CARMEN CRISTERNA.

Order to Show Cause Re Entry of Default Judgment is set for March 29, 2021 at 10 am in Department 26 in the Spring Street Courthouse.

Moving party to give notice.

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