This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 09:28:18 (UTC).

ISIDORO AGUILAR VS CABLE MOORE INC

Case Summary

On 08/01/2016 ISIDORO AGUILAR filed a Personal Injury - Other Personal Injury lawsuit against CABLE MOORE 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 GEORGINA T. RIZK. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9184

  • Filing Date:

    08/01/2016

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

AGUILAR ISIDORO

Defendants and Respondents

CABLE MOORE INC.

DOES 1 THROUGH 100

STATE PIPE AND SUPPLY INC. DOE 2

E & L PROPERTIES CORP.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF D. HESS PANAH & ASSOC.

MCELFISH LAW FIRM

FIRM MCELFISH LAW

HECKARDBRYANT TARA DANITA

Defendant Attorneys

KRING & CHUNG LLP

GARBER MARC H. ESQ.

MOSIER CHRISTOPHER CRAIG

 

Court Documents

REQUEST FOR DISMISSAL

3/20/2018: REQUEST FOR DISMISSAL

PLAINTIFFS EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE;AND ETC.

3/23/2018: PLAINTIFFS EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE;AND ETC.

Minute Order

5/1/2018: Minute Order

NOTICE OF RULING RE EX PARTE APPLICATION TO CONTINUE TRIAL

5/2/2018: NOTICE OF RULING RE EX PARTE APPLICATION TO CONTINUE TRIAL

NOTICE OF MOTION AND MOTION FOR ORDER TO COMPEL THE DEPOSITION OF PLAINTIFF ISIDORO AGUILAR; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARC H. GARBER; AND (PROPOSED) ORDER

8/6/2018: NOTICE OF MOTION AND MOTION FOR ORDER TO COMPEL THE DEPOSITION OF PLAINTIFF ISIDORO AGUILAR; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARC H. GARBER; AND (PROPOSED) ORDER

NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES OF PLAINTIFF TO SUPPLEMENTAL INTERROGATORIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARC H. GARBER; REQUEST FOR SANCTIONS; [PROPOSED] ORD

8/6/2018: NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES OF PLAINTIFF TO SUPPLEMENTAL INTERROGATORIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARC H. GARBER; REQUEST FOR SANCTIONS; [PROPOSED] ORD

Minute Order

1/23/2019: Minute Order

Certificate of Mailing for

1/23/2019: Certificate of Mailing for

PROOF OF SERVICE SUMMONS

9/13/2016: PROOF OF SERVICE SUMMONS

NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT

1/9/2017: NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT

Amendment to Complaint (Fictitious/Incorrect Name)

2/8/2017: Amendment to Complaint (Fictitious/Incorrect Name)

PROOF OF SERVICE OF SUMMONS

2/28/2017: PROOF OF SERVICE OF SUMMONS

RULING RE: DEMURRER TO COMPLAINT

3/8/2017: RULING RE: DEMURRER TO COMPLAINT

DEFENDANT E & L PROPERTIES CORP.'S CROSS-COMPLAINT FOR: 1) INDEMNITY 2) CONTRIBUTION

4/19/2017: DEFENDANT E & L PROPERTIES CORP.'S CROSS-COMPLAINT FOR: 1) INDEMNITY 2) CONTRIBUTION

SUBSTITUTION OF ATTORNEY

9/6/2017: SUBSTITUTION OF ATTORNEY

SUMMONS CROSS-COMPLAINT

10/10/2017: SUMMONS CROSS-COMPLAINT

ANSWER TO COMPLAINT

10/10/2017: ANSWER TO COMPLAINT

ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

12/7/2017: ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

28 More Documents Available

 

Docket Entries

  • 08/01/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 07/25/2019
  • Docketat 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Not Held - Rescheduled by Party

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  • 06/26/2019
  • Docketat 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 02/05/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 01/23/2019
  • Docketat 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 01/23/2019
  • Docketat 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion for Terminating Sanctions - Held - Motion Granted

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  • 01/23/2019
  • DocketMinute Order ( (Final Status Conference; Hearing on Motion for Terminating Sa...)); Filed by Clerk

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  • 01/23/2019
  • DocketCertificate of Mailing for (Minute Order (Final Status Conference; Hearing on Motion for Terminating Sa...) of 01/23/2019); Filed by Clerk

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  • 01/18/2019
  • Docketat 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion - Other

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  • 01/17/2019
  • DocketReply (To Opposition To Motion For Order); Filed by E & L Properties Corp. (Defendant); State Pipe and Supply, Inc. (DOE 2) (Defendant)

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66 More Docket Entries
  • 02/14/2017
  • DocketNOTICE OF CONTINUANCE OF CABLE MOORE, INC.'S DEMURRER

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  • 02/08/2017
  • DocketAmendment to Complaint (Fictitious Name)

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  • 02/08/2017
  • DocketAmendment to Complaint; Filed by Isidoro Aguilar (Plaintiff)

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  • 01/09/2017
  • DocketDemurrer; Filed by Cable Moore, Inc. (Defendant)

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  • 01/09/2017
  • DocketNOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT

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  • 09/13/2016
  • DocketProof-Service/Summons; Filed by Isidoro Aguilar (Plaintiff)

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  • 09/13/2016
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/01/2016
  • DocketSUMMONS

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  • 08/01/2016
  • DocketCOMPLAINT FOR DAMAGES FOR: 1. NEGLIGENCE; ETC

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  • 08/01/2016
  • DocketComplaint; Filed by Isidoro Aguilar (Plaintiff)

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Tentative Rulings

Case Number: BC629184    Hearing Date: March 02, 2020    Dept: 29

Aguilar v. Cable Moore, Inc.

Plaintiff’s Motion for Reconsideration is TAKEN OFF CALENDAR. Plaintiff did not submit a proof of service showing service of the motion on Defendants.

The motion is also procedurally defective as it is untimely made more than 10 days from notice of the ruling, increased by five calendar days to account for service of the Court’s ruling by mail. Cal Code Civil Procedure § 1005(b). The Court denied Plaintiff’s motion to vacate on 12/23/19. The 15th day expired on 1/7/20. The motion was filed on 1/8/20.

Additionally, Plaintiff has not shown new or different circumstances to warrant reconsideration of the Court’s order. Plaintiff contends that counsel recently discovered a declaration and responses signed by Plaintiff in January 2019. Motion, 4:24-27. There is no evidence to support this. While the Declaration of Tara Heckard-Bryant refers to exhibits, none are attached.

“New facts” does not mean all facts not previously presented. Moving party is required to show diligence -- a satisfactory reason for not presenting the facts previously. Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690.

Moving party is ordered to give notice.

Case Number: BC629184    Hearing Date: December 20, 2019    Dept: 2

Aguilar v. Cable Moore, Inc.

Plaintiff Isidoro Aguilar’s motion to set aside dismissal is DENIED.

On January 23, 2019, the Court granted Defendants State Pipe and Supply, Inc. and E&L Properties Corp.’s (collectively “Defendants”) motion for terminating sanctions. The Court dismissed Plaintiff’s complaint without prejudice. (Court’s 1/23/19 Minute Order.) The Court’s Minute Order indicates Tara Danita HeckardBryant appeared for Plaintiff and Christopher Craig Mosier appeared for Defendants. The Clerk gave notice of the Court’s ruling to Plaintiff and Defendants via mail on January 23, 2019.

Plaintiff Isidoro Aguilar (“Plaintiff”) moves for an order setting aside the dismissal. As a preliminary matter, Plaintiff’s notice of motion erroneously states the Court, on its own motion, dismissed this action on March 21, 2019. As set forth above, the Court dismissed Plaintiff’s complaint on January 23, 2019, after granting Defendants’ motion for terminating sanctions.

Plaintiff’s motion to set aside the dismissal under C.C.P. §473(b) is untimely. Plaintiff filed and served the instant motion on December 2, 2019, more than six months after the Court dismissed the complaint and gave notice of the dismissal (via mail) on January 23, 2019.

Plaintiff appears to argue the instant motion was not timely filed and served due to attorney mistake, inadvertence, surprise, or excusable neglect. (Motion, pgs. 5-6.) (Declaration of Topete ¶¶4-6.) However, the Court does not have authority under C.C.P. §473(b) to excuse Plaintiff’s noncompliance with the six-month time limit. (See Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th 333, 345.) The Court does not have jurisdiction to set aside the dismissal after the six month date has passed.

Plaintiff argues the Court should set aside the dismissal using its discretionary authority under C.C.P. §473(d). (Motion, pg. 7.) However, Plaintiff did not establish the dismissal is void and therefore the Court does not have the authority to set aside the dismissal pursuant to subdivision (d). (See Lee v. An (2008) 168 Cal.App.4th 558, 563.)

Plaintiff appears to argue the Court may still vacate the dismissal on equitable grounds, even if statutory relief is unavailable. (Motion, pgs. 7-8.) Plaintiff also requests “the Court reconsider the matter, pursuant to CCP 1008(b) through (e), having supplied verified responses, which were not available at the time of the hearing.” (Motion, pg. 8.) The Court lacks jurisdiction to grant such relief.

Based on the foregoing, Plaintiff’s motion is denied.

Plaintiff is ordered to give notice.