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This case was last updated from Los Angeles County Superior Courts on 11/20/2020 at 05:05:51 (UTC).

MEDITERRANEAN SHIPPING COMPANY (USA) INC. VS WINSFARGO TRANSPORT INC., ET AL.

Case Summary

On 05/22/2019 MEDITERRANEAN SHIPPING COMPANY USA INC filed a Contract - Other Contract lawsuit against WINSFARGO TRANSPORT INC . 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4974

  • Filing Date:

    05/22/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MEDITERRANEAN SHIPPING COMPANY USA INC.

Defendants

WINSFARGO TRANSPORT INC.

LIU TOMMY

WANG GUOXIANG

Attorney/Law Firm Details

Plaintiff Attorney

GOODMAN HOWARD

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/18/2020

11/18/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/18/2020

Minute Order - Minute Order (Non-Jury Trial)

11/18/2020: Minute Order - Minute Order (Non-Jury Trial)

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

8/6/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

8/6/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

6/27/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

5/22/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

5/22/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

5/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

5/22/2019: Summons - Summons on Complaint

 

Docket Entries

  • 11/18/2020
  • DocketOn the Complaint filed by Mediterranean Shipping Company (USA) Inc. on 05/22/2019, entered Order for Dismissal without prejudice as to the entire action, pursuant to Code of Civil Procedure Section 581(b)(3)

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  • 11/18/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 11/18/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 11/18/2020; Filed by: Clerk

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  • 11/18/2020
  • DocketNon-Jury Trial scheduled for 11/18/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/18/2020; Result Type to Held

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  • 11/18/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/25/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 11/18/2020

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  • 08/06/2019
  • DocketProof of Service by Substituted Service; Filed by: Mediterranean Shipping Company (USA) Inc. (Plaintiff); As to: Winsfargo Transport Inc. (Defendant); Proof of Mailing Date: 07/05/2019; Service Cost: 47.00; Service Cost Waived: No

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  • 08/06/2019
  • DocketProof of Service by Substituted Service; Filed by: Mediterranean Shipping Company (USA) Inc. (Plaintiff); As to: Tommy Liu (Defendant); Proof of Mailing Date: 07/05/2019; Service Cost: 47.00; Service Cost Waived: No

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  • 06/27/2019
  • DocketProof of Service by Substituted Service; Filed by: Mediterranean Shipping Company (USA) Inc. (Plaintiff); As to: Winsfargo Transport Inc. (Defendant); Proof of Mailing Date: 06/25/2019; Service Cost: 47.00; Service Cost Waived: No

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  • 05/23/2019
  • DocketNon-Jury Trial scheduled for 11/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/23/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/22/2019
  • DocketComplaint; Filed by: Mediterranean Shipping Company (USA) Inc. (Plaintiff); As to: Winsfargo Transport Inc. (Defendant); Guoxiang Wang (Defendant); Tommy Liu (Defendant)

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  • 05/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Mediterranean Shipping Company (USA) Inc. (Plaintiff); As to: Winsfargo Transport Inc. (Defendant); Guoxiang Wang (Defendant); Tommy Liu (Defendant)

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  • 05/22/2019
  • DocketSummons on Complaint; Issued and Filed by: Mediterranean Shipping Company (USA) Inc. (Plaintiff); As to: Winsfargo Transport Inc. (Defendant); Guoxiang Wang (Defendant); Tommy Liu (Defendant)

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  • 05/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04974    Hearing Date: March 17, 2021    Dept: 25

HEARING DATE: Wed., March 17, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Mediterranean Shipping Co. v. Winsfargo Transport, Inc., et al.

CASE NUMBER: 19STLC04974 COMPL. FILED: 05-22-19

NOTICE: OK DISMISSAL: 11-18-20

PROCEEDINGS: MOTION TO SET ASIDE DISMISSAL

MOVING PARTY: Plaintiff Mediterranean Shipping Company (USA) Inc.

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Mediterranean Shipping Company (USA), Inc.’s Motion to Set Aside Dismissal is GRANTED. The dismissal entered on November 18, 2020 is HEREBY VACATED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 15, 2021 [ ] Late [X] None

REPLY: None filed as of March 15, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 22, 2019, Plaintiff Mediterranean Shipping Company (USA) Inc. (“Plaintiff”) filed an action for common counts against Defendants Winsfargo Transport, Inc. (“Winsfargo”), Guoxiang Wang (“Wang”), and Tommy Liu (“Liu”) (collectively, “Defendants”).

A non-jury trial was scheduled for November 18, 2020. There being no appearance by either side by 9:25 a.m., the Court dismissed the case without prejudice. (11/18/20 Minute Order.)

Plaintiff filed the instant Motion to Set Aside Dismissal and Enter Default Judgment (the “Motion”) on February 19, 2020. To date, no opposition has been filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 4.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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.)

Plaintiff’s Motion is timely. It seeks to set aside the dismissal entered on November 18, 2020 due to Plaintiff’s counsel’s mistake, negligence, and inadvertence. (Mot., p. 3:10-18.) Specifically, Plaintiff’s counsel explains that his office did not properly calendar the non-jury trial date. (Mot., Goodman Decl., pp. 5:23-28.) As a result Plaintiff’s counsel failed to appear. (Id.) Plaintiff’s counsel also states he is prepared to seek default and default judgment against Defendants. (Id. at pp. 5:27-6:6:5.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, the unopposed Motion is GRANTED.

To the extent Plaintiff also requests that the Court enter default judgment, the Court declines to do so. Plaintiff must first file a request for entry of default, then file a request for entry of default judgment.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Mediterranean Shipping Company (USA), Inc.’s Motion to Set Aside Dismissal is GRANTED. The dismissal entered on November 18, 2020 is HEREBY VACATED.

Moving party is ordered to give notice.

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