This case was last updated from Los Angeles County Superior Courts on 11/07/2019 at 00:05:38 (UTC).

SILVA ABRAMIAN VS MICHAEL'S STORES INC.

Case Summary

On 05/08/2018 SILVA ABRAMIAN filed a Personal Injury - Other Personal Injury lawsuit against MICHAEL'S STORES INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7101

  • Filing Date:

    05/08/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

ABRAMIAN SILVA

Defendant

MICHAEL'S STORES INC.

Attorney/Law Firm Details

Plaintiff Attorney

SAFFIAN LEAH S.

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

11/5/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/05/2019

11/5/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/05/2019

Summons - on Complaint

5/8/2018: Summons - on Complaint

Civil Case Cover Sheet

5/8/2018: Civil Case Cover Sheet

Complaint

5/8/2018: Complaint

Notice of Case Assignment - Limited Civil Case

5/8/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 11/05/2019
  • DocketCertificate of Mailing for (Non-Jury Trial) of 11/05/2019; Filed by: Clerk

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  • 11/05/2019
  • DocketOn the Complaint filed by Silva Abramian on 05/08/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 11/05/2019
  • DocketNon-Jury Trial scheduled for 11/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/05/2019; Result Type to Not Held - Taken Off Calendar by Court

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

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  • 11/05/2019
  • 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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  • 05/09/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 05/09/2018
  • DocketNon-Jury Trial scheduled for 11/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/11/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/08/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/08/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/08/2018
  • DocketCivil Case Cover Sheet; Filed by: Silva Abramian (Plaintiff)

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  • 05/08/2018
  • DocketComplaint; Filed by: Silva Abramian (Plaintiff); As to: Michael's Stores Inc. (Defendant)

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Tentative Rulings

Case Number: 18STLC07101    Hearing Date: September 22, 2020    Dept: 25

HEARING DATE: Tue., September 22, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Abramian v. Michael’s Stores, Inc. COMPL. FILED: 05-08-18

CASE NUMBER: 18STLC07101 DISMISSAL: 11-05-19

NOTICE: N/A (¿ has not been served with S&C)

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT

MOVING PARTY: Plaintiff Silva Abramian

RESP. PARTY: None

MOTION TO SET ASIDE/VACATE DEFAULT

(CCP § 473)

TENTATIVE RULING:

Plaintiff Silva Abramian’s Motion to Set Aside Dismissal is GRANTED. The dismissal entered on November 5, 2019 is HEREBY VACATED.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A

[ ] Correct Address (CCP §§ 1013, 1013a) N/A

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

OPPOSITION: None filed as of September 18, 2020 [ ] Late [X] None

REPLY: None filed as of September 18, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 8, 2018, Plaintiff Silva Abramian (“Plaintiff”) filed an action for premises liability against Defendant Michael’s Stores, Inc. (“Defendant”). Plaintiff did not file a proof of service demonstrating Defendant was served with the Summons and Complaint.

A non-jury trial was scheduled for November 5, 2019. After the matter was placed on second call, and there being no appearances by either side by 9:13 a.m., the Court dismissed the entire action without prejudice. (11/5/19 Minute Order.)

On May 11, 2020, Plaintiff filed the instant Motion to Set Aside Default and Default Judgment (the “Motion”), requesting that the Court vacate the dismissal entered on November 5, 2019.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Motion, p. 1:19-25.) 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. Plaintiff seeks to set aside the November 5th dismissal based on Plaintiff’s counsel’s mistake and excusable neglect. (Mot., p. 1:19-25.) Specifically, Plaintiff’s counsel states that she failed to appear for trial because she had handed over the bulk of her practice to two other attorneys after a family member became sick and counsel had to care for them in her home. (Mot., Saffian Decl., ¶¶ 1-2.) Counsel also states that in December 2019, she was diagnosed with neoplasm that required two elective surgeries. (Id. at ¶ 3.) She returned to the office on a part-time basis in May 2020, when she discovered that an expected settlement check from Defendant in this matter was never received and the action had been dismissed. (Id. at ¶ 4.)

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

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Silva Abramian’s Motion to Set Aside Dismissal is GRANTED. The dismissal entered on November 5, 2019 is HEREBY VACATED.

Moving party is ordered to give notice.

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