This case was last updated from Los Angeles County Superior Courts on 03/17/2016 at 15:06:42 (UTC).

KERAMAT AGHABALA VS OLGA MOISEYEVA ET AL

Case Summary

On 07/24/2013 KERAMAT AGHABALA filed a Personal Injury - Other Personal Injury lawsuit against OLGA MOISEYEVA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are BENNY C. OSORIO and TERESA A. BEAUDET. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6166

  • Filing Date:

    07/24/2013

  • Case Status:

    Pending - Other Pending

  • 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 Judges

BENNY C. OSORIO

TERESA A. BEAUDET

 

Party Details

Plaintiff and Petitioner

AGHABALA KERAMAT

Defendants and Respondents

DOES 1-100

FINKELSHTEIN ALBERT

FINKELSHTEIN INESSA

MOISEYEVA OLGA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LAW OFFICES OF P. PAUL AGHABALA & ASSOC.

Defendant and Respondent Attorney

MCELFISH RAYMOND D. ESQ.

 

Court Documents

COMPLAINT FOR: 1. STRICT LIABILITY; ETC

7/24/2013: COMPLAINT FOR: 1. STRICT LIABILITY; ETC

SUMMONS

8/13/2013: SUMMONS

Minute Order

3/20/2015: Minute Order

OPPOSITION

3/20/2015: OPPOSITION

PLAINTIFF KERAMAT AGHABALA'S OPPOSITION TO DEFENDANT OLGA MOISEYEVA'S MOTION TO VACATE AND SET ASIDE DEFAULT

5/15/2015: PLAINTIFF KERAMAT AGHABALA'S OPPOSITION TO DEFENDANT OLGA MOISEYEVA'S MOTION TO VACATE AND SET ASIDE DEFAULT

REPLY TO PLAINTIFF KERAMAT AGHABALA'S OPPOSITION TO OLGA MOISEVEVA'S MOTION TO VACATE AND SET ASIDE DEFAULT

5/22/2015: REPLY TO PLAINTIFF KERAMAT AGHABALA'S OPPOSITION TO OLGA MOISEVEVA'S MOTION TO VACATE AND SET ASIDE DEFAULT

NOTICE OF UNAVAILABILITY

10/20/2015: NOTICE OF UNAVAILABILITY

NOTICE OF RULING

6/6/2016: NOTICE OF RULING

NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF GRANTING SUMMARY JUDGMENT OR IN THE ALTERNATIVE MOTION FOR SUMMARY ADJUDICATION; SUPPORTING DECLARA

6/28/2016: NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF GRANTING SUMMARY JUDGMENT OR IN THE ALTERNATIVE MOTION FOR SUMMARY ADJUDICATION; SUPPORTING DECLARA

DEFENDANT'S NOTICE OF MOTION AND MOTION FOR AN ORDER CONTINUING THE TRIAL DATE; ETC.

6/30/2016: DEFENDANT'S NOTICE OF MOTION AND MOTION FOR AN ORDER CONTINUING THE TRIAL DATE; ETC.

AMENDMENT TO COMPLAINT

7/13/2016: AMENDMENT TO COMPLAINT

AMENDMENT TO COMPLAINT

7/13/2016: AMENDMENT TO COMPLAINT

Minute Order

12/8/2016: Minute Order

DECLARATION OF ANTHONY D. ROSS IN OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE HEARING FOR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, TRIAL, FSC AND ALL RELEVENT DEADLINES

12/8/2016: DECLARATION OF ANTHONY D. ROSS IN OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE HEARING FOR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, TRIAL, FSC AND ALL RELEVENT DEADLINES

Notice of Ruling

12/8/2016: Notice of Ruling

PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE HEARING FOR DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT AND TO CONTINUE THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF P. PAUL AGHABALA

12/8/2016: PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE HEARING FOR DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT AND TO CONTINUE THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF P. PAUL AGHABALA

Minute Order

1/11/2017: Minute Order

Minute Order

2/6/2017: Minute Order

44 More Documents Available

 

Docket Entries

  • 10/20/2015
  • Notice (OF UNAVAILABILITY ) Filed by Attorney for Plaintiff/Petitioner

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  • 06/02/2015
  • Order (RE MOTION TO VACATE AND SET ASIDE DEFAULT ) Filed by Court

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  • 06/02/2015
  • Answer (BY OLGA MOISEYEVA ) Filed by Attorney for Defendant/Respondent

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  • 05/22/2015
  • Reply to Opposition Filed by Attorney for Defendant/Respondent

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  • 05/15/2015
  • Opposition Document Filed by Attorney for Plaintiff/Petitioner

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  • 04/02/2015
  • Notice of Motion Filed by Attorney for Defendant/Respondent

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  • 03/20/2015
  • Opposition Document (RE DEFT EPA RE SET ASIDE DEFAULT ) Filed by Attorney for Plaintiff/Petitioner

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  • 03/20/2015
  • Order (RE DEFT EPA RE SET ASIDE DEFAULT ) Filed by Court

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  • 03/20/2015
  • Ex-Parte Application (RE SET ASIDE DEFAULT ) Filed by Attorney for Defendant/Respondent

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  • 02/03/2015
  • Default Entered (AS OLGA MOISEYEVA ) Filed by Attorney for Pltf/Petnr

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  • 02/03/2015
  • Statement of Damages Filed by Attorney for Pltf/Petnr

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  • 01/12/2015
  • Request to Enter Default (reject for moiseyeva- #28 medical expenses ) Filed by Attorney for Pltf/Petnr

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  • 01/09/2015
  • Declaration (OF DILIGENCE FOR SUBMSTITUTE SERVICE BY MAURICIO GONZALEZ ) Filed by Attorney for Plaintiff/Petitioner

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  • 12/27/2013
  • Partial Dismissal (w/o Prejudice) (as to defendants Albert Finkelstein and Inessa Finkelstein only ) Filed by Attorney for Plaintiff/Petitioner

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  • 12/27/2013
  • Notice of Reassignment and Order Filed by Clerk

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  • 12/26/2013
  • Request to Enter Default (REJECT FOR MOISEYEVA- #26.28.30. NEED DUE DILLIGENCE. FILE A NEW PROOF OF SERVICE. ) Filed by Attorney for Pltf/Petnr

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  • 12/13/2013
  • Request to Enter Default (as to Olga Moiseyeva reject-#3,25,26,28,30 ) Filed by Attorney for Pltf/Petnr

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  • 08/22/2013
  • Proof of Service (Summons & Complaint, etc. ) Filed by Attorney for Pltf/Petnr

    Read MoreRead Less
  • 08/13/2013
  • Summons Filed Filed by Attorney for Pltf/Petnr

    Read MoreRead Less
  • 07/24/2013
  • Complaint

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Tentative Rulings

Case Number: BC516166    Hearing Date: December 02, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

keramat aghabala,

Plaintiff,

v.

olf MOiseyeva, et al.,

Defendants.

Case No.: BC516166

Hearing Date: December 2, 2019

[TENTATIVE] order RE:

Motion To dismiss

ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF SERVICE

BACKGROUND

Plaintiff Keramat Aghabala (“Plaintiff”) filed this action against Defendant Harrison Shaw (“Defendant”) based on injuries Plaintiff sustained from a dog bite on January 23, 2013. The complaint was filed on July 24, 2013, and Defendant was added as a defendant on July 13, 2016. Plaintiff served Defendant on September 29, 2019. Now, Defendant moves to dismiss this case for failure to serve the summons and complaint within three years. The Court had also issued an Order to Show Cause (“OSC”) Re: Dismissal for the same reason. Plaintiff opposes the motion. The Court grants the motion and dismisses this case with prejudice. The Court discharges the OSC as moot.

LEGAL STANDARD

The summons and complaint “shall” be served within three years “after the action is commenced against the defendant.” (Code Civ. Proc. § 583.210.) It is “mandatory” that the Court dismiss any case that does not comply with this requirement. (Code Civ. Proc. § 583.250.)

DISCUSSION

The complaint was filed on July 24, 2013. Because Plaintiff named Defendant via Doe amendment, the three-year period began on the date Plaintiff originally filed the complaint, which is July 24, 2013. (Inversiones Papaluchi S.A.S. v. Superior Court (2018) 20 Cal.App.5th 1055, 1061.) Therefore, the deadline was July 24, 2016.

Even if the three-year deadline ran from the date Defendant was added via Doe Amendment, Plaintiff still violated Rule 583.210. Defendant was added as a defendant on July 13, 2016. Defendant contested the validity of service by filing his motion to set aside the default on May 29, 2019, which the Court decided on July 22, 2019. The 54-day period of May 29, 2019 to July 22, 2019 is tolled. (Code Civ. Proc., § 583.240, subd. (c).) Therefore, Plaintiff’s deadline to serve Defendant would have been August 28, 2019. Plaintiff did not serve Defendant until September 29, 2019. Therefore, Plaintiff has violated the three-year service rule.

Plaintiff argues that Defendant never served the motion on him. Plaintiff attaches a proof of service to the motion. Regardless, Defendant opposes the motion on the merits, waiving any claim that the motion was procedurally defective. (See In re Marriage of Falcone (2008) 164 Cal.App.4th 814, 826.)

Plaintiff argues that the Court should toll the period of July 5, 2018, to May 29, 2019, because Plaintiff and his counsel believed that Plaintiff had validly served Defendant. Plaintiff cites no authority in support of this argument. Regardless, tolling this time period would not benefit Plaintiff because he did not even attempt to serve Defendant until after the three-year period ran on July 24, 2016.

Plaintiff also argues that equitable estoppel bars Defendant from seeking dismissal. There is nothing in the record suggesting that Defendant was not amenable to service or that service was impossible, impracticable, or futile due to causes beyond Plaintiff’s control. (See Code Civ. Proc. § 583.240(a) & (c).) Indeed, Plaintiff’s counsel merely needed to locate Defendant’s home address and serve him. Plaintiff’s argument that he mistook Defendant’s brother’s address for Defendant’s address is not persuasive.

CONCLUSION AND ORDER

Defendant Harrison Shaw’s motion to dismiss is granted per Code of Civil Procedure, section 583.210. Plaintiff’s case against Defendant Harrison Shaw is dismissed as of this date. The Court discharges the OSC as moot. The Court’s clerk shall provide notice.

DATED: December 2, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court