This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 07:33:28 (UTC).

LUIGI INTERLANDI VS HELBERTH ALBERTO CHAVEZ

Case Summary

On 08/24/2017 LUIGI INTERLANDI filed a Personal Injury - Asbestos Product Liability lawsuit against HELBERTH ALBERTO CHAVEZ. 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:

    *******0677

  • Filing Date:

    08/24/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Asbestos Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

INTERLANDI LUIGI

Defendants

CHAVEZ HELBERTH ALBERTO

AMD STONE TOUCH INC

Attorney/Law Firm Details

Plaintiff Attorney

SHEMTOUB MICHAEL

4929 Wilshire Blvd Ste 915

Los Angeles, CA 90010

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

2/21/2019: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

6/21/2019: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal) of 08/12/2019

8/12/2019: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal) of 08/12/2019

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

8/12/2019: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

Proof of Service by Mail

1/29/2018: Proof of Service by Mail

Declaration re: Due Diligence

1/29/2018: Declaration re: Due Diligence

Proof of Service by Substituted Service

1/29/2018: Proof of Service by Substituted Service

Proof of Service by Mail

1/29/2018: Proof of Service by Mail

Proof of Service by Substituted Service

1/29/2018: Proof of Service by Substituted Service

Request for Entry of Default / Judgment

7/13/2018: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

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

Notice of Rejection Default/Clerk's Judgment

5/4/2018: Notice of Rejection Default/Clerk's Judgment

Notice of Case Assignment - Limited Civil Case

8/24/2017: Notice of Case Assignment - Limited Civil Case

Order on Court Fee Waiver (Superior Court)

8/24/2017: Order on Court Fee Waiver (Superior Court)

2 More Documents Available

 

Docket Entries

  • 08/12/2019
  • DocketOn the Complaint filed by Luigi Interlandi on 08/24/2017, entered Order for Dismissal without prejudice as to the entire action

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  • 08/12/2019
  • DocketMinute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

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  • 08/12/2019
  • DocketCertificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal) of 08/12/2019; Filed by: Clerk

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  • 08/12/2019
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 08/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/12/2019; Result Type to Held

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  • 08/12/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 08/12/2019

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  • 08/02/2019
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 08/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/02/2019
  • DocketPursuant to the request of plaintiff, Order to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 06/21/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Party's Motion was rescheduled to 08/12/2019 08:30 AM

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  • 06/21/2019
  • DocketMinute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

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  • 02/21/2019
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 06/21/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/21/2019
  • DocketMinute Order (Non-Jury Trial)

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11 More Docket Entries
  • 01/29/2018
  • DocketProof of Service by Mail; Filed by: Luigi Interlandi (Plaintiff); As to: Helberth Alberto Chavez (Defendant); After Substituted Service of Summons & Complaint ?: No

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  • 08/24/2017
  • DocketComplaint; Filed by: Luigi Interlandi (Plaintiff); As to: Helberth Alberto Chavez (Defendant)

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  • 08/24/2017
  • DocketRequest to Waive Court Fees; Filed by: Luigi Interlandi (Plaintiff)

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  • 08/24/2017
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Luigi Interlandi (Plaintiff)

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  • 08/24/2017
  • DocketCivil Case Cover Sheet; Filed by: Luigi Interlandi (Plaintiff)

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  • 08/24/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/24/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/24/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 08/24/2017
  • DocketNon-Jury Trial scheduled for 02/21/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/24/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 08/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC00677    Hearing Date: March 09, 2020    Dept: 26

Interlandi v. Chavez, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Luigi Interlandi’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON AUGUST 21, 2019 IS HEREBY VACATED.

THE COURT NOTES THAT A DEFAULT JUDGMENT PACKET HAS NOT BEEN SUBMITTED. ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT/DISMISAL IS SCHEDULED FOR 06/08/20 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. FAILURE TO APPEAR MAY RESULT IN THE ACTION BEING DISMISSED.

ANALYSIS:

Plaintiff Luigi Interlandi (“Plaintiff”) filed the instant action for property damage against Defendants Helberth Alberto Chavez and AMD Stone Touch, Inc. (“Defendant”) on August 24, 2017. Following Defendants’ failure to file a responsive pleading, the Court entered their defaults on July 13, 2018. The Court set an Order to Show Cause Re Entry of Default Judgment/Dismissal for June 21, 2019, which was then continued to August 21, 2019. Upon Plaintiff’s failure to appear for the August 21, 2019 Order to Show Cause, the Court dismissed the action without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3).

Plaintiff filed the instant Motion to Set Aside Dismissal on January 31, 2020. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on August 21, 2019 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 six months after dismissal of the action and is supported by an attorney affidavit of fault. Plaintiff’s attorney declares that believed that default judgment would have been entered by the Order to Show Cause and that Courtcall took so long to reach the Court that the action had already been dismissed. (Motion, Shemtoub Decl., ¶¶6-9.) Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiff’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON AUGUST 21, 2019 IS HEREBY VACATED.

THE COURT NOTES THAT A DEFAULT JUDGMENT PACKET HAS NOT BEEN SUBMITTED. ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT/DISMISAL IS SCHEDULED FOR 06/08/20 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. FAILURE TO APPEAR MAY RESULT IN THE ACTION BEING DISMISSED.

Moving party to give notice.