This case was last updated from Los Angeles County Superior Courts on 10/22/2021 at 02:06:18 (UTC).

MARIA PLASCENCIA, ET AL. VS 5 STAR AUTO GROUP, ET AL.

Case Summary

On 09/03/2020 MARIA PLASCENCIA filed a Contract - Other Contract lawsuit against 5 STAR AUTO GROUP. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******7494

  • Filing Date:

    09/03/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs

BAHENA RODOLFO O

PLASCENCIA MARIA

Defendants

NATIONWIDE ACCEPTANCE INC.

5 STAR AUTO GROUP DBA BILLION AUTO GROUP

HUDSON INSURANCE COMPANY

NATIONWIDE WEST LLC

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

Defendant Attorneys

SMITH ROCHELLE L.

GASCOU CHRISTIAN JEAN

CASTANO ORLANDO J

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 09/07/2023
  • Hearing09/07/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/03/2022
  • Hearing03/03/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/18/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Maria Plascencia (Plaintiff); Rodolfo O Bahena (Plaintiff); As to: 5 Star Auto Group (Defendant)

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  • 10/18/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 03/11/2021
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

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  • 03/04/2021
  • DocketAmended Complaint (1st); Filed by: Maria Plascencia (Plaintiff); Rodolfo O Bahena (Plaintiff); As to: 5 Star Auto Group (Defendant); Hudson Insurance Company (Defendant); Nationwide West, LLC (Defendant)

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  • 02/11/2021
  • DocketMinute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

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  • 02/11/2021
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 02/11/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/11/2021; Result Type to Held

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  • 02/02/2021
  • DocketOpposition TO DEFENDANT 5-START?S MOTION TO DEMURRER AND MOTION TO STRIKE PUNITIVE DAMAGES FROM PRAYER OF PLAINTIFFS? COMPLAINT?REQUEST FOR MONETARY DAMAGES; Filed by: Maria Plascencia (Plaintiff); Rodolfo O Bahena (Plaintiff)

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  • 11/24/2020
  • DocketAnswer; Filed by: Nationwide West, LLC (Defendant); As to: Maria Plascencia (Plaintiff)

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7 More Docket Entries
  • 10/22/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Maria Plascencia (Plaintiff); Rodolfo O Bahena (Plaintiff); As to: Nationwide West, LLC (Defendant)

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  • 10/14/2020
  • DocketAnswer; Filed by: Hudson Insurance Company (Defendant)

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  • 09/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/07/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/03/2020
  • DocketNon-Jury Trial scheduled for 03/03/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/03/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Maria Plascencia (Plaintiff); Rodolfo O Bahena (Plaintiff); As to: 5 Star Auto Group (Defendant); Nationwide Acceptance, Inc. (Defendant); Hudson Insurance Company (Defendant)

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  • 09/03/2020
  • DocketCivil Case Cover Sheet; Filed by: Maria Plascencia (Plaintiff); Rodolfo O Bahena (Plaintiff); As to: 5 Star Auto Group (Defendant); Nationwide Acceptance, Inc. (Defendant); Hudson Insurance Company (Defendant)

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  • 09/03/2020
  • DocketComplaint; Filed by: Maria Plascencia (Plaintiff); Rodolfo O Bahena (Plaintiff); As to: 5 Star Auto Group (Defendant); Nationwide Acceptance, Inc. (Defendant); Hudson Insurance Company (Defendant)

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  • 09/03/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC07494    Hearing Date: February 11, 2021    Dept: 26


Case Number: LAM15K14058    Hearing Date: February 11, 2021    Dept: 26

Abustan v. Lim, et al.

MOTION TO COMPEL DEPOSITION

(CCP § 2025.450.)

TENTATIVE RULING:

Defendant Byoung Woo Lim’s Motion to Compel Plaintiff’s Deposition is GRANTED. PLAINTIFF IS ORDERED TO APPEAR FOR DEPOSITION WITHIN 20 DAYS’ SERVICE OF THIS ORDER AT A DATE AND TIME TO BE DETERMINED BY DEFENSE COUNSEL.

ANALYSIS:

On November 12, 2015, Plaintiff Lloyd Aeron Balagtas Abustan (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Byoung Woo Lim (“Defendant”). On December 8, 2016, Defendant filed the instant Motion to Compel Plaintiff’s Deposition, or in the alternative, Require Plaintiff to Stay Action. On April 19, 2017, pursuant to the parties’ stipulation, the court stayed the case on the grounds that Plaintiff is an active servicemember,[1] continued the hearing to April 19, 2018 and set an OSC re: Dismissal on that date. At the OSC re Dismissal on April 19, 2018, the Court continued the hearing and OSC to January 16, 2019. On January 16, 2019, the Court again continued the hearing and OSC to January 16, 2020 and ordered Plaintiff to give notice of the same.

Counsel for both parties appeared at the hearing and OSC on January 16, 2020. The Court noted that no further papers had been filed, nor had proof of service of the notice of hearing or OSC been filed. Although counsel for both parties appeared at the prior hearing and OSC a year earlier, notice had not been waived. The Court again continued the hearing on the Motion to Compel Deposition and OSC and ordered Defendant to give notice.

Plaintiff’s counsel did not appear at the next hearing on August 5, 2020. The Court found notice had not been provided as ordered and declined to dismiss the action upon Defendant’s oral request. (Minute Order, 8/5/20.) The Court continued the hearing and OSC to October 6, 2020 and ordered Defendant to give notice. Notice of the October 6, 2020 hearing date was served on Plaintiff through counsel on September 23, 2020. (Notice of Hearing, filed 9/23/20, Proof of Service.)

At the hearing on October 6, 2020, Plaintiff’s counsel failed to appear. (Minute Order, 10/6/20.) The Court lifted the stay in the action and continued the instant Motion to February 10, 2021. (Ibid.) The Court also set an Order to Show Cause why the action should not be dismissed for Plaintiff’s failure to appear on August 5, 2020 and October 6, 2020. (Ibid.)

To date, no supplemental papers have been filed with the Court regarding Plaintiff’s status. The Court previously ordered Plaintiff’s counsel to find a way to get in contact with his client. (Minute Order, 1/16/19.) More than two years after that order, no showing has been made by Plaintiff’s counsel of compliance with the Court’s instruction.

Therefore, the Motion to Compel Plaintiff’s deposition is GRANTED PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 2025.450. PLAINTIFF IS ORDERED TO APPEAR FOR DEPOSITION WITHIN 20 DAYS’ SERVICE OF THIS ORDER AT A DATE AND TIME TO BE DETERMINED BY DEFENSE COUNSEL.

Moving party to give notice.


[1] A stay is authorized pursuant to 50 USCA § 3932.

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