This case was last updated from Los Angeles County Superior Courts on 08/17/2019 at 03:40:50 (UTC).

NEGIN RAHBARI VS FARAH SHAHNAZ

Case Summary

On 05/18/2018 a Personal Injury - Motor Vehicle case was filed by NEGIN RAHBARI against FARAH SHAHNAZ in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7366

  • Filing Date:

    05/18/2018

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiff

RAHBARI NEGIN

Defendant

SHAHNAZ FARAH

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/15/2019

11/15/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/15/2019

Minute Order - Minute Order (Non-Jury Trial)

11/15/2019: Minute Order - Minute Order (Non-Jury Trial)

Summons - on Complaint

5/18/2018: Summons - on Complaint

Civil Case Cover Sheet

5/18/2018: Civil Case Cover Sheet

Complaint

5/18/2018: Complaint

Notice of Case Assignment - Limited Civil Case

5/18/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 11/15/2019
  • DocketCertificate of Mailing for (Non-Jury Trial) of 11/15/2019; Filed by: Clerk

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  • 11/15/2019
  • DocketOn the Complaint filed by Negin Rahbari on 05/18/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 11/15/2019
  • DocketNon-Jury Trial scheduled for 11/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/15/2019; Result Type to Held

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  • 11/15/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/21/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 11/15/2019

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  • 11/15/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 05/18/2018
  • DocketComplaint; Filed by: Negin Rahbari (Plaintiff); As to: Farah Shahnaz (Defendant)

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  • 05/18/2018
  • DocketCivil Case Cover Sheet; Filed by: Negin Rahbari (Plaintiff)

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  • 05/18/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/18/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/18/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 05/18/2018
  • DocketNon-Jury Trial scheduled for 11/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/18/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/21/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC07366    Hearing Date: February 20, 2020    Dept: 25

MOTION TO SET ASIDE/VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Negin Rahbari’s Motion to Set Aside Dismissal is CONTINUED TO APRIL 27, 2020 at 10:30 a.m. in Department 25. SPRING SREET COURTHOUSE.

At least 16 court days before the next scheduled hearing, Plaintiff must file a proof of service demonstrating Defendant was properly served with the instant Motion. Failure to do so may result in the Motion being placed off calendar or denied.

ANALYSIS:

  1. Background & Discussion

On May 18, 2018, Plaintiff Negin Rahbari (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Farah Shahnaz (“Defendant”). Plaintiff has not filed a proof of service for the Summons and Complaint nor has Defendant filed an answer.

A non-jury trial was scheduled for November 15, 2019. The matter having been placed on second call and there being no appearances by either side by 9:25 a.m., the Court ordered the entire case dismissed without prejudice. (11/15/19 Minute Order.)

On January 10, 2020, Plaintiff filed the instant Motion to Vacate Dismissal of Action (the “Motion”). To date, no opposition or reply briefs have been filed.

As an initial matter, the Court notes that Plaintiff did not file a proof of service for the instant Notice of Motion and Motion. Code of Civil Procedure section 1005 requires that all moving and supporting papers be filed and served at least 16 court days before the hearing, plus an additional 5 calendar days if service is being effectuated by mail to a California address. (Code Civ. Proc., § 1005, subd. (b).) Accordingly, Plaintiff is ordered to file a proof of service demonstrating compliance with Section 1005, subdivision (b).

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Negin Rahbari’s Motion to Set Aside Dismissal is CONTINUED TO APRIL 27, 2020, at 10:30 a.m. in Department 25., SPRING STREET COURTHOUSE