This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 11:05:44 (UTC).

KEYSTONE LAW GROUP, P.C. VS VERONICA MALDONADO

Case Summary

On 10/04/2017 KEYSTONE LAW GROUP, P C filed a Contract - Other Contract lawsuit against VERONICA MALDONADO. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2525

  • Filing Date:

    10/04/2017

  • 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

ELAINE LU

 

Party Details

Plaintiff

KEYSTONE LAW GROUP P.C.

Defendants

MALDONADO VERONICA

TORANZO VICTORIA

Attorney/Law Firm Details

Plaintiff Attorney

KERENDIAN SHAWN S.

 

Court Documents

Request for Entry of Default / Judgment

12/8/2017: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

12/16/2017: Notice of Rejection Default/Clerk's Judgment

Proof of Service by Substituted Service - (Amended)

1/11/2018: Proof of Service by Substituted Service - (Amended)

Notice of Rejection Default/Clerk's Judgment

2/6/2018: Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment

2/22/2018: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

4/6/2018: Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

2/14/2019: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice Summary Of The Case

2/14/2019: Notice (name extension) - Notice Summary Of The Case

Declaration (name extension) - Declaration DECLARATION OF SHAWN S. KERENDIAN IN SUPPORT OF REQUEST FOR COURT JUDGMENT AGAINST DEFENDANTS, VERONICA MALDONADO AND VICTORIA TORANZO

2/14/2019: Declaration (name extension) - Declaration DECLARATION OF SHAWN S. KERENDIAN IN SUPPORT OF REQUEST FOR COURT JUDGMENT AGAINST DEFENDANTS, VERONICA MALDONADO AND VICTORIA TORANZO

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/14/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Order (name extension) - Order Granting Ex Parte Application

3/26/2019: Order (name extension) - Order Granting Ex Parte Application

Ex Parte Application (name extension) - Ex Parte Application for an Order Continuing Trial

3/26/2019: Ex Parte Application (name extension) - Ex Parte Application for an Order Continuing Trial

Notice of Settlement - Notice of Settlement

6/5/2019: Notice of Settlement - Notice of Settlement

Proof of Service by Substituted Service

11/2/2017: Proof of Service by Substituted Service

Proof of Service by Substituted Service

11/2/2017: Proof of Service by Substituted Service

Complaint

10/4/2017: Complaint

Summons - on Complaint

10/4/2017: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

10/4/2017: Notice of Case Assignment - Limited Civil Case

31 More Documents Available

 

Docket Entries

  • 08/15/2019
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 08/15/2019
  • DocketCertificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 08/15/2019; Filed by: Clerk

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  • 08/15/2019
  • DocketOn the Complaint filed by Keystone Law Group, P.C. on 10/04/2017, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 08/15/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/15/2019; Result Type to Held

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  • 08/15/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 08/15/2019

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  • 08/01/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketPursuant to the request of plaintiff, Order to Show Cause Re: Dismissal (Settlement) scheduled for 06/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Party's Motion was rescheduled to 08/15/2019 08:30 AM

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  • 06/27/2019
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 06/05/2019
  • DocketNotice of Settlement; Filed by: Keystone Law Group, P.C. (Plaintiff); Vacate Future Dates: No

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  • 05/10/2019
  • DocketNotice of Ruling; Filed by: Keystone Law Group, P.C. (Plaintiff)

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55 More Docket Entries
  • 11/02/2017
  • DocketProof of Service of Summons; Filed by: Keystone Law Group, P.C. (Plaintiff); As to: Veronica Maldonado (Defendant); Proof of Mailing Date: 10/25/2017; Service Cost: 100.00; Service Cost Waived: No

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  • 11/02/2017
  • DocketProof of Service of Summons; Filed by: Keystone Law Group, P.C. (Plaintiff); As to: Victoria Toranzo (Defendant); Proof of Mailing Date: 10/25/2017; Service Cost: 100.00; 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
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 10/05/2017
  • DocketNon-Jury Trial scheduled for 04/03/2019 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 10/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 10/04/2017
  • DocketComplaint; Filed by: Keystone Law Group, P.C. (Plaintiff); As to: Veronica Maldonado (Defendant)

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  • 10/04/2017
  • DocketCivil Case Cover Sheet; Filed by: Keystone Law Group, P.C. (Plaintiff)

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  • 10/04/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/04/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 17STLC02525    Hearing Date: November 12, 2019    Dept: 94

MOTION TO VACATE DISMISSAL

(CCP § 473(b), mandatory)

TENTATIVE RULING:

Plaintiff Keystone Law Group, P.C.’s Motion to Vacate Dismissal is GRANTED.

ANALYSIS:

I. Background

On July 20, 2017, Plaintiff Keystone Law Group, P.C. (“Plaintiff”) brought this action against Defendants Veronica Maldonado and Victoria Toranzo (collectively, “Defendants”) to recover unpaid fees for the legal services provided. Because Plaintiff failed to appear for his OSC Hearing re: Dismissal on August 15, 2019, the Court dismissed this action without prejudice. On September 23, Plaintiff brought the instant Motion to Vacate Dismissal (the “Motion”) under the mandatory provision of CCP § 473(b) based on his counsel’s mistake, inadvertence, surprise, and neglect.

II. Legal Standard

“Section 473(b) provides for both discretionary and mandatory relief. [Citation.]” (Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Plaintiff seeks relief under the mandatory provision of the statute based on its counsel’s mistake, inadvertence, surprise, or neglect. The mandatory provision states in pertinent part:

“[W]henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.”

(CCP § 473(b).)

“The purpose of this mandatory relief provision is to alleviate the hardship on parties who lose their day in court due to an inexcusable failure to act by their attorneys. [Citation.]” (Rodriguez v. Brill (2015) 234 Cal.App.4th 715, 723, emphasis added.) Relief under CCP § 473(b) is also available to plaintiffs because dismissal is the “practical equivalent of a default judgment.” (Aldrich v. San Fernando Valley Lumber Co., Inc.

III. Discussion

Plaintiff timely brought this Motion under the mandatory provision of CCP § 473(b) less than six months after the dismissal.

Plaintiff submits a sworn affidavit from his counsel Roee Kaufman (“Kaufman”), who attests that he miscalendared the OSC Hearing and, as a result, failed to appear for it. (Motion, Kaufman Decl. ¶¶ 7-9.) “[A]s this text [of the mandatory provision of Section 473(b)] indicates, what must be attested to is the mistake, inadvertence, surprise, or neglect—not the reasons for it. [Citation.]” (Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438.) In light of the foregoing, the Court finds that the dismissal was a result of Plaintiff’s counsel’s mistake, inadvertence, surprise, and neglect. Accordingly, the Court has no discretion but to grant the Motion under the mandatory provision of Section 473(b).

IV. Conclusion & Order

The unopposed Motion is GRANTED. The dismissal of this action is hereby VACATED.

Trial is set for MAY 12, 2020 at 8:30 a.m. in Department 94. All discovery cut-off dates follow the new trial date.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.