This case was last updated from Los Angeles County Superior Courts on 01/19/2021 at 04:39:24 (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, TERESA A. BEAUDET and STEPHEN I. GOORVITCH. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6166

  • Filing Date:

    07/24/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BENNY C. OSORIO

TERESA A. BEAUDET

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

AGHABALA KERAMAT

Defendants and Respondents

DOES 1-100

FINKELSHTEIN ALBERT

FINKELSHTEIN INESSA

MOISEYEVA OLGA

SHAW HARRISON DOE 2

SHAW RICHARD DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF P. PAUL AGHABALA & ASSOC.

AGHABALA PAYAM PAUL

Defendant and Respondent Attorney

MCELFISH RAYMOND D. ESQ.

 

Court Documents

DEFENDANT RICHARD SHAW'S MOTION TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT JUDGMENT

4/5/2018: DEFENDANT RICHARD SHAW'S MOTION TO QUASH SERVICE OF SUMMONS AND VACATE DEFAULT JUDGMENT

ANSWER TO COMPLAINT

4/5/2018: ANSWER TO COMPLAINT

Proof of Personal Service -

4/5/2018: Proof of Personal Service -

DEFENDANT'S OPPOSITION TO PLAINTIFF APPLICATION TO CONTNUE THE TRIAL AND ALL RELEVANT DATES AND FOR SANCTIONS PUSUANT TO C.C.P. $473 & $128.5; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF RICH

7/2/2018: DEFENDANT'S OPPOSITION TO PLAINTIFF APPLICATION TO CONTNUE THE TRIAL AND ALL RELEVANT DATES AND FOR SANCTIONS PUSUANT TO C.C.P. $473 & $128.5; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF RICH

Order - Order compelling Richard Shaw's deposition

10/25/2018: Order - Order compelling Richard Shaw's deposition

Ex Parte Application - Ex Parte Application motion to compel deposition of Louis Richard Shaw & demand for production of documents; request for monetary sanctions

10/25/2018: Ex Parte Application - Ex Parte Application motion to compel deposition of Louis Richard Shaw & demand for production of documents; request for monetary sanctions

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PR...) OF 07/22/2019

7/22/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PR...) OF 07/22/2019

Minute Order - MINUTE ORDER (COURT ORDER: REQUEST FOR DEFAULT JUDGMENT)

8/7/2019: Minute Order - MINUTE ORDER (COURT ORDER: REQUEST FOR DEFAULT JUDGMENT)

Brief - BRIEF CONCERNING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AND IMPROPER SERVICE

8/30/2019: Brief - BRIEF CONCERNING ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AND IMPROPER SERVICE

Notice of Limited Scope Representation

10/9/2019: Notice of Limited Scope Representation

Opposition - OPPOSITION TO DEFENDANT MOTION TO DISMISS THE ACTION

11/12/2019: Opposition - OPPOSITION TO DEFENDANT MOTION TO DISMISS THE ACTION

Minute Order - MINUTE ORDER (HEARING ON MOTION TO DISMISS; ORDER TO SHOW CAUSE RE: DISMISS...)

12/2/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO DISMISS; ORDER TO SHOW CAUSE RE: DISMISS...)

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

AMENDMENT TO COMPLAINT -

7/13/2016: AMENDMENT TO COMPLAINT -

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

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 -

2/6/2017: Minute Order -

108 More Documents Available

 

Docket Entries

  • 07/17/2020
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 07/02/2020
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 12/02/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Dismiss - Held - Motion Granted

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  • 12/02/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (Dismissal of this Action for Lack of Prosecution and Improper Service) - Held

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  • 12/02/2019
  • DocketMinute Order ( (Hearing on Motion to Dismiss; Order to Show Cause Re: Dismiss...)); Filed by Clerk

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  • 11/27/2019
  • DocketNotice of Limited Scope Representation; Filed by Shaw, Harrison (Doe 2) (Defendant)

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  • 11/27/2019
  • DocketSubstitution of Attorney; Filed by Shaw, Harrison (Doe 2) (Defendant)

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  • 11/12/2019
  • DocketOpposition (to Defendant Motion to Dismiss the Action); Filed by Keramat Aghabala (Plaintiff)

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  • 10/31/2019
  • DocketBrief (Plaintiff's Brief Concerning OSC re: Dismissal for Lack of Prosecution and Improper Service); Filed by Keramat Aghabala (Plaintiff)

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  • 10/18/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (Dismissal of this Action for Lack of Prosecution and Improper Service) - Not Held - Advanced and Continued - by Court

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231 More Docket Entries
  • 08/22/2013
  • DocketProof of Service (not Summons and Complaint); Filed by Keramat Aghabala (Plaintiff)

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  • 08/22/2013
  • DocketProof of Service (not Summons and Complaint); Filed by Keramat Aghabala (Plaintiff)

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  • 08/22/2013
  • DocketProof of Service (not Summons and Complaint); Filed by Keramat Aghabala (Plaintiff)

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  • 08/22/2013
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/22/2013
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/22/2013
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/13/2013
  • DocketSUMMONS

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  • 08/13/2013
  • DocketSummons; Filed by Keramat Aghabala (Plaintiff)

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  • 07/24/2013
  • DocketCOMPLAINT FOR: 1. STRICT LIABILITY; ETC

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  • 07/24/2013
  • DocketComplaint; Filed by Keramat Aghabala (Plaintiff)

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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

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