This case was last updated from Los Angeles County Superior Courts on 08/22/2019 at 05:03:13 (UTC).

WILLIAMS, WILLIE VS BRINKMAN CO

Case Summary

On 05/23/2017 WILLIAMS, WILLIE filed a Personal Injury - Other Product Liability lawsuit against BRINKMAN CO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6703

  • Filing Date:

    05/23/2017

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

WILLIAMS WILLIE

Defendants

BRINKMAN CO

HOME DEPOT CORP

Attorney/Law Firm Details

Plaintiff Attorney

THE COMMUNITY LAW GROUP LLC

 

Court Documents

Complaint - Product Liability

5/23/2017: Complaint - Product Liability

Civil Case Cover Sheet

5/23/2017: Civil Case Cover Sheet

Other - (name extension)

6/13/2017: Other - (name extension)

Motion re: (name extension)

6/22/2017: Motion re: (name extension)

Minute Order - (Hearing on Motion for Reconsideration)

8/29/2017: Minute Order - (Hearing on Motion for Reconsideration)

Order (name extension) - Granting Plaintiff's Motion for Reconsideration

8/29/2017: Order (name extension) - Granting Plaintiff's Motion for Reconsideration

Certificate of Mailing for - Minute Order (Hearing on Motion for Reconsideration) of 08/29/2017

8/29/2017: Certificate of Mailing for - Minute Order (Hearing on Motion for Reconsideration) of 08/29/2017

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 11/26/2018

11/26/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 11/26/2018

Minute Order - Minute Order (Non-Jury Trial)

11/26/2018: Minute Order - Minute Order (Non-Jury Trial)

Summons - Summons on Complaint

3/19/2019: Summons - Summons on Complaint

Proof of Personal Service - Proof of Personal Service

4/17/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/18/2019: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Order to Show Cause Re: Dismissal)

4/25/2019: Minute Order - Minute Order (Order to Show Cause Re: Dismissal)

Order - Dismissal - Order - Dismissal

4/26/2019: Order - Dismissal - Order - Dismissal

2 More Documents Available

 

Docket Entries

  • 04/26/2019
  • DocketOrder - Dismissal; Filed by: Clerk

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  • 04/25/2019
  • DocketOn the Complaint filed by WILLIAMS, WILLIE on 05/23/2017, entered Order for Dismissal without prejudice as to the entire action

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  • 04/25/2019
  • DocketMinute Order (Order to Show Cause Re: Dismissal)

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  • 04/25/2019
  • DocketOrder to Show Cause Re: Dismissal scheduled for 04/25/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 04/25/2019; Result Type to Held

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  • 04/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/26/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 04/25/2019

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  • 04/18/2019
  • DocketProof of Personal Service; Filed by: WILLIE WILLIAMS (Plaintiff); As to: BRINKMAN CO (Defendant); Service Cost Waived: No

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  • 04/17/2019
  • DocketProof of Personal Service; Filed by: WILLIE WILLIAMS (Plaintiff); As to: BRINKMAN CO (Defendant); HOME DEPOT CORP (Defendant); Service Cost Waived: No

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  • 03/19/2019
  • DocketSummons on Complaint; Issued and Filed by: WILLIE WILLIAMS (Plaintiff); As to: BRINKMAN CO (Defendant); HOME DEPOT CORP (Defendant)

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  • 12/11/2018
  • DocketOrder to Show Cause Re: Dismissal scheduled for 04/25/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/26/2018
  • DocketMinute Order (Non-Jury Trial)

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9 More Docket Entries
  • 06/13/2017
  • DocketClerk's Notice of Voiding of Filing; Filed by: Clerk

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  • 06/13/2017
  • DocketCOMPLAINT VOIDED PURSUANT TO GC 68634(G)

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  • 06/13/2017
  • DocketCOMPLAINT FILED BY WILLIE WILLIAMS HAS BEEN VOIDED DUE TO NON PAYMENT COMPLAINT FILED BY WILLIE WILLIAMS HAS BEEN VOIDED DUE TO NON PAYMENT OF FEES

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  • 05/25/2017
  • DocketNON-JURY TRIAL SET FOR 11/26/18, 08:30 AM, DEPT 77

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  • 05/24/2017
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: WILLIE WILLIAMS (Plaintiff)

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  • 05/24/2017
  • DocketFEE WAIVER FILED -CASE FILING FEE.

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  • 05/24/2017
  • DocketFEE WAIVER DENIED AS TO WILLIE WILLIAMS. FEES MUST BE PAID ON OR FEE WAIVER DENIED AS TO WILLIE WILLIAMS. FEES MUST BE PAID ON OR BEFORE 06/09/17 OR COMPLAINT WILL BE VOIDED.

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  • 05/24/2017
  • DocketOSC SET 05/26/20, 08:30 AM, DEPT. 77 PURSUANT TO GENERAL ORDER

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  • 05/23/2017
  • DocketCivil Case Cover Sheet; Filed by: WILLIE WILLIAMS (Plaintiff)

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  • 05/23/2017
  • DocketCOMPLAINT FILED - PRODUCT LIABILITY * * VACATED Filing Fee: 370.00

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Tentative Rulings

Case Number: 17K06703    Hearing Date: November 21, 2019    Dept: 94

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Willie Williams’ Motion to Vacate Dismissal is CONTINUED TO JANUARY 16, 2020 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On May 23, 2017, Plaintiff Willie Williams (“Plaintiff”) filed this action for products liability against Defendants Brinkman Company and Home Depot Corporation (“Defendants”). Following Plaintiff’s failure to appear at trial on November 26, 2018, the Court set an OSC re Dismissal of Action for April 25, 2019. On April 17 and 18, 2019, Plaintiff filed proofs of service of the Summons and Complaint. However, he failed to appear at the April 25, 2019 OSC despite the Court’s earlier warning that failure to appear might result in the case being dismissed. The Court therefore dismissed the action without prejudice on that date. Plaintiff filed the instant Motion to Vacate Dismissal on October 3, 2019.

The Motion is not accompanied by a proof of service demonstrating notice of the Motion and hearing on Defendant Home Depot, which is the only Defendant to have been served with the Summons and Complaint. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero(1984) 156 Cal.App.3d 754, 757.) Without proof of service of the Motion on Defendant Home Depot, the Court cannot consider its merits.

As to the merits, Plaintiff moves for relief from the dismissal pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order 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.)

The Motion is timely brought less than six months after dismissal of the action. However, while it is supported by an attorney affidavit of fault, the Court does not find the affidavit demonstrates Plaintiff’s counsel’s mistake, surprise, inadvertence or neglect. The action was dismissed at the April 25, 2019 OSC due to Plaintiff’s failure to appear. Plaintiff’s counsel’s declaration offers no explanation regarding the failure to appear given the Court’s express statement that failure to appear may result in dismissal of the action. (Motion, Smith Decl., ¶¶4-6.)

Based on the foregoing defects, Plaintiff Willie Williams’ Motion to Vacate Dismissal is CONTINUED TO JANUARY 16, 2020 AT 10:30 AM IN DEPARTMENT 94. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE DEFECTS DISCUSSED ABOVE. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.