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This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 10:13:07 (UTC).

WESTSIDE WHOLESALE INC., A NEVEDA CORPORATION VS COBRND COLLABORATIVE BRANDING, AN UNKNOWN ENTITY

Case Summary

On 10/02/2017 WESTSIDE WHOLESALE INC , A NEVEDA CORPORATION filed a Contract - Other Contract lawsuit against COBRND COLLABORATIVE BRANDING, AN UNKNOWN ENTITY. 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:

    *******2226

  • Filing Date:

    10/02/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

WESTSIDE WHOLESALE INC. A NEVEDA CORPORATION

Defendants

ENTEZAM SHAHROOZ

COBRND COLLABORATIVE BRANDING AN UNKNOWN ENTITY

RODRIGUEZ ADRIAN

Attorney/Law Firm Details

Plaintiff Attorney

FINE ROBERT ALAN

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

4/2/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 04/02/2019

4/2/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 04/02/2019

Proof of Service by Substituted Service

12/1/2017: Proof of Service by Substituted Service

Proof of Service by Substituted Service

12/1/2017: Proof of Service by Substituted Service

Proof of Service by Substituted Service

12/1/2017: Proof of Service by Substituted Service

Request for Entry of Default / Judgment

3/27/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

4/26/2018: Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/22/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

3/22/2019: Request for Dismissal - Request for Dismissal

Summons - on Complaint

10/2/2017: Summons - on Complaint

Civil Case Cover Sheet

10/2/2017: Civil Case Cover Sheet

Complaint

10/2/2017: Complaint

Notice of Case Assignment - Limited Civil Case

10/2/2017: Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 05/29/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/05/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/29/2019

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  • 04/02/2019
  • DocketOn the Complaint filed by Westside Wholesale Inc., a Neveda corporation on 10/02/2017, entered Order for Dismissal without prejudice as to the entire action

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  • 04/02/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 04/02/2019
  • DocketCertificate of Mailing for Minute Order (Non-Jury Trial) of 04/02/2019; Filed by: Clerk

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  • 04/02/2019
  • DocketNon-Jury Trial scheduled for 04/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 04/02/2019; Result Type to Held

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  • 03/22/2019
  • DocketRequest for Dismissal; Filed by: Westside Wholesale Inc., a Neveda corporation (Plaintiff); As to: Cobrnd Collaborative Branding, an unknown entity (Defendant); Adrian Rodriguez (Defendant); Shahrooz Entezam (Defendant)

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  • 03/22/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Westside Wholesale Inc., a Neveda corporation (Plaintiff); As to: Shahrooz Entezam (Defendant)

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  • 03/22/2019
  • DocketDefault entered as to Shahrooz Entezam; On the Complaint filed by Westside Wholesale Inc., a Neveda corporation on 10/02/2017

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  • 03/22/2019
  • DocketOn the Complaint filed by Westside Wholesale Inc., a Neveda corporation on 10/02/2017, entered Request for Dismissal without prejudice filed by Westside Wholesale Inc., a Neveda corporation as to Adrian Rodriguez and Cobrnd Collaborative Branding, an unknown entity

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  • 04/26/2018
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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4 More Docket Entries
  • 12/01/2017
  • DocketProof of Service by Substituted Service; Filed by: Westside Wholesale Inc., a Neveda corporation (Plaintiff); As to: Cobrnd Collaborative Branding, an unknown entity (Defendant); Proof of Mailing Date: 11/29/2017; Service Cost: 65.00; Service Cost Waived: No

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  • 12/01/2017
  • DocketProof of Service by Substituted Service; Filed by: Westside Wholesale Inc., a Neveda corporation (Plaintiff); As to: Adrian Rodriguez (Defendant); Proof of Mailing Date: 11/29/2017; Service Cost: 65.00; Service Cost Waived: No

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  • 10/03/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 10/02/2017
  • DocketComplaint; Filed by: Westside Wholesale Inc., a Neveda corporation (Plaintiff); As to: Cobrnd Collaborative Branding, an unknown entity (Defendant)

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  • 10/02/2017
  • DocketCivil Case Cover Sheet; Filed by: Westside Wholesale Inc., a Neveda corporation (Plaintiff)

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  • 10/02/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/02/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/02/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 10/02/2017
  • DocketNon-Jury Trial scheduled for 04/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 10/02/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 10/05/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC02226    Hearing Date: August 18, 2020    Dept: 25

HEARING DATE: Tue., August 18, 2020 JUDGE/DEPT.: Blancarte/25

CASE NAME: Westside Wholesale Inc., v. Cobrnd Collaborative Branding, et al.

CASE NUMBER: 17STLC02226 COMP. FILED: 10-02-17

NOTICE: OK DISMISSAL: 04-02-19

PROCEEDINGS: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL

MOVING PARTY: Plaintiff Westside Wholesale, Inc.

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Westside Wholesale, Inc.’s Motion to Set Aside Dismissal is DENIED.

SERVICE:

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

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

[X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK

OPPOSITION: None filed as of August 14, 2020 [ ] Late [X] None

REPLY: None filed as of August 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 2, 2017, Plaintiff Westside Wholesale, Inc. (“Plaintiff”) filed an action for breach of contract against Defendants Cobrnd Collaborative Branding (“Cobrnd”), Adrian Rodriguez (“Rodriguez”), and Shahrooz Entezam (“Entezam”) (collectively, “Defendants”).

On March 22, 2019, default was entered against Entezam. On that same day, Cobrnd and Rodriguez were dismissed without prejudice from the lawsuit.

On April 2, 2019, the matter was scheduled for a non-jury trial. (4/2/19 Minute Order.) There was no appearance by Defendant Shahrooz. (Id.) Although Plaintiff’s counsel was present at check-in, he was not present when the matter was called for hearing. (Id.) As a result, the Court ordered Plaintiff’s Complaint dismissed without prejudice. (Id.)

On January 15, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal (the “Motion”). The hearing was continued on January 21, 2020 because the Motion was filed only two court days before the hearing. (1/21/20 Minute Order.) 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. 2:18-23.) 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 counsel explains his co-counsel suffered a series of strokes and as a result, was forced to take over all matters in the practice. (Mot., Fine Decl., ¶¶ 4, 5.) Because of this, he argues, he missed the April 2, 2019 hearing. (Id.) However, he fails to explain why the Court’s Order noted he was present at check-in, but not when the matter was called. (See 4/2/19 Minute Order.)

Regardless, Plaintiff’s motion is untimely. As noted above, dismissal was entered on April 2, 2019 and thus, the deadline to file a motion to set aside the dismissal pursuant to Section 473, subdivision (b) was October 2, 2019. The Motion, however, was not filed and served until January 15, 2020. Although the Court sympathizes with Plaintiff’s counsel’s situation, the Motion is untimely and the Court does not have the authority to grant it. Accordingly, the Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Westside Wholesale, Inc.’s Motion to Set Aside Dismissal is DENIED.

Moving party to give notice.

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