On 10/27/2015 EROL GULER filed a Personal Injury - Motor Vehicle lawsuit against GALEZ L ALFANZO. 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 Pending - Other Pending.
****9229
10/27/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
GULER EROL
ALFANZO GALEZ L.
ARRIVILLAGA RICARDO
DOES 1-50
RICARDO'S NURSERY
NURSERY RICARDO'S
LAW OFFICES OF D. HESS NPANAH & ASSOC.
MCELFISH RAYMOND DAVID
YAZDANPANAH HESAM DEAN
DADAIAN SHAGHIG I. ESQ.
LUCETT GREGORY JAMES
REISINGER ROBERT LEE
12/29/2017: NOTICE OF MOTION AND MOTION TO WITHDRAW MATTERS DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; ETC
1/16/2018: OPPOSITION TO PLAINTIFF'S MOTION TO WITHDRAW MATTERS DEEMED ADMITTED; DECLARATION OF EDYE A. HILL
10/9/2018: Order
2/14/2019: Minute Order
3/7/2019: Motion to Compel Further Discovery Responses
3/20/2019: Motion in Limine
3/21/2019: Motion in Limine
4/2/2019: Minute Order
4/2/2019: Order
6/17/2019: Notice
6/26/2019: Minute Order
3/17/2017: NOTICE OF ASSOCIATION OF COUNSELS
9/21/2017: NOTICE AND MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL REQUESTS FOR PRODUCTION OF DOCUMENTS (SET 2) FROM PLAINTIFF AND FOR $1,180 IN SANCTIONS AGAINST PLAINTIFF AND COUNSEL; ETC
9/21/2017: NOTTCE AND MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL INTERROGATORIES (SET 2) FROM PLAINTIFF AND FOR $1,180 IN SANCTIONS AGAINST PLAINTIFF AND COUNSEL; ETC
9/27/2017: Minute Order
11/8/2017: NOTICE OF NO OPPOSITION TO DEFENDANT'S SIX DISCOVERY MOTIONS
11/20/2017: NOTICE OF. MOTION AND MOTION TO SET ASIDE ORDER DEEMING MATTERS ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; ETC
12/7/2017: Minute Order
Notice of Ruling; Filed by Galez L. Alfanzo (Defendant); Ricardo Arrivillaga (Defendant); Ricardo's Nursery (Defendant)
at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion for Terminating Sanctions
at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference
Declaration (In Opposition to Defendants' Motion for Terminating Sanctions); Filed by Erol Guler (Plaintiff)
at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Continued - Court's Motion
Minute Order ( (Final Status Conference;)); Filed by Clerk
Notice (OF CONTINUED FINAL STATUS CONFERENCE); Filed by Ricardo Arrivillaga (Defendant); Ricardo's Nursery (Defendant)
Notice (notice of no opposition to motion for terminaating sanctions); Filed by Galez L. Alfanzo (Defendant); Ricardo Arrivillaga (Defendant); Ricardo's Nursery (Defendant)
Witness List; Filed by Galez L. Alfanzo (Defendant); Ricardo Arrivillaga (Defendant); Ricardo's Nursery (Defendant)
Special Verdict; Filed by Galez L. Alfanzo (Defendant); Ricardo Arrivillaga (Defendant); Ricardo's Nursery (Defendant)
Receipt; Filed by Galez L. Alfanzo (Defendant); Ricardo Arrivillaga (Defendant); Ricardo's Nursery (Defendant)
Proof-Service/Summons; Filed by Erol Guler (Plaintiff)
PROOF OF SERVICE SUMMONS
Proof-Service/Summons; Filed by Erol Guler (Plaintiff)
PROOF OF SERVICE SUMMONS
Proof-Service/Summons; Filed by Erol Guler (Plaintiff)
PROOF OF SERVICE SUMMONS
Complaint; Filed by Erol Guler (Plaintiff)
SUMMONS
COMPLAINT FOR DAMAGES (NEGLIGENCE)
Case Number: BC599229 Hearing Date: February 03, 2020 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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EROL GULER, Plaintiff(s), vs. GALVEZ L. ALFANZO, ET AL., Defendant(s). |
) ) ) ) ) ) ) ) ) ) ) |
CASE NO: BC599229 [TENTATIVE] ORDER TAKING MOTION TO VACATE DISMISSAL OFF CALENDAR Dept. 3 1:30 p.m. February 3, 2020 |
The Court granted Plaintiff’s motion to vacate dismissal on 12/19/19. The Clerk erroneously failed to enter the order vacating the dismissal on that date. For reasons that are not clear, Plaintiff rescheduled the hearing on the motion to 2/03/20. The Clerk contacted Plaintiff’s attorney to request the motion be taken off calendar, but to date it remains on calendar.
It does not appear any issues remain in connection with this motion for relief. The dismissal has already been vacated. The Court therefore takes the motion off calendar at this time.
Plaintiff is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.
Case Number: BC599229 Hearing Date: December 19, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
|
EROL GULER, Plaintiff(s), vs. GALVEZ L. ALFANZO, ET AL., Defendant(s). |
) ) ) ) ) ) ) ) ) ) ) |
CASE NO: BC599229 [TENTATIVE] ORDER GRANTING MOTION TO VACATE DISMISSAL Dept. 3 1:30 p.m. December 19, 2019 |
Defendants propounded supplemental interrogatories (set four) supplemental RPDs (set four) on Plaintiff on 1/08/19. On 4/02/19, the Court issued an order compelling Plaintiff to serve responses to the foregoing discovery, without objections, within ten days. The Court also imposed monetary sanctions. On 6/26/19, because Plaintiff had still not served responses, the Court granted Defendants’ motion for terminating sanctions.
On 10/07/19, Plaintiff filed this motion to vacate the dismissal. The Court has read and considered Rodriguez v. Brill (2015) 234 Cal.App.4th 715, and finds the case is on all fours with the instant case. The Rodriguez Court held that (a) a judgment of dismissal that implements a terminating sanction for discovery abuse is a “dismissal entered” for purposes of application of §473(b)’s mandatory relief provision, and (b) an application for relief from a terminating discovery sanction is “in proper form” if (1) verified discovery responses are delivered to opposing counsel before the hearing on the application for relief and (2) the content of those responses substantially complies with applicable requirements. Rodriguez at 719-720. Notably, Plaintiff served responses in substantial compliance with the Code shortly before the hearing on the motion for terminating sanctions; Defendants’ only argument is that the verifications are deficient, but the articulated deficiency (failure to identify the set number of the discovery at issue) does not cause the responses to violate the “substantial compliance” requirement of Rodriguez.
Defendants also argue that Counsel failed to articulate any facts showing why responses were not timely served and the opposition was not timely filed. Per Rodriguez, supra, relief is mandatory under the circumstances; there is no requirement that specific facts be articulated.
The motion for relief from dismissal is granted.
Plaintiff is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.