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This case was last updated from Los Angeles County Superior Courts on 06/06/2019 at 21:10:29 (UTC).

LUIS MONTOYA VS EASYFLOW ELECTRICAL INC ET AL

Case Summary

On 11/04/2016 LUIS MONTOYA filed a Personal Injury - Other Personal Injury lawsuit against EASYFLOW ELECTRICAL 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 JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9876

  • Filing Date:

    11/04/2016

  • 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 Judge

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

MONTOYA LUIS

Defendants and Respondents

EASYFLOW ELECTRICAL INC.

GAITHER YU SUK

HARRIS BENNY

DOES 1 TO 50

PENA GABRIEL

HINDS CLIFTON

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ELLIS ANDREW L. ESQ.

ELLIS ANDREW LAWRENCE ESQ.

 

Court Documents

PROOF OF SERVICE SUMMONS

1/8/2018: PROOF OF SERVICE SUMMONS

Minute Order

8/22/2018: Minute Order

Unknown

11/29/2018: Unknown

Minute Order

12/3/2018: Minute Order

Order - Dismissal

12/3/2018: Order - Dismissal

Minute Order

2/15/2019: Minute Order

Unknown

2/15/2019: Unknown

PROOF OF SERVICE SUMMONS

12/2/2016: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

12/20/2016: PROOF OF SERVICE SUMMONS

AMENDMENT TO COMPLAINT

2/24/2017: AMENDMENT TO COMPLAINT

STATEMENT OF DAMAGES

3/8/2017: STATEMENT OF DAMAGES

REQUEST FOR ENTRY OF DEFAULT

3/8/2017: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

3/8/2017: REQUEST FOR ENTRY OF DEFAULT

STATEMENT OF DAMAGES

3/8/2017: STATEMENT OF DAMAGES

REQUEST FOR ENTRY OF DEFAULT

3/8/2017: REQUEST FOR ENTRY OF DEFAULT

PROOF OF SERVICE SUMMONS

3/13/2017: PROOF OF SERVICE SUMMONS

REQUEST FOR ENTRY OF DEFAULT

5/8/2017: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

6/6/2017: REQUEST FOR ENTRY OF DEFAULT

11 More Documents Available

 

Docket Entries

  • 04/24/2019
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Dismissal (for Failure of Plaintiff to Enter Default Judgment as to Defendants Easy Flow Electrical, Inc., Gabriel Pena and Yu Suk Gaither; and for failure to serve/prosecute Defendant Benny Harris) - Held - Continued

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  • 04/24/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal for Failure of Plaintiff to...)); Filed by Clerk

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  • 02/15/2019
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held - Motion Granted

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  • 02/15/2019
  • Certificate of Mailing for (Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)) of 02/15/2019); Filed by Clerk

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  • 02/15/2019
  • Minute Order ( (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))); Filed by Clerk

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  • 01/14/2019
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) (Plainitff's Motion for Relief From and to Vacate Dismissal Pursuant to Code of Civil Procedure Seciotn 473(b)) - Not Held - Continued - Court's Motion

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  • 12/19/2018
  • Motion re: (And Motion For Relief From And Vacate Dismissal Pursuant To Code Of Civil Procedure 473b); Filed by Luis Montoya (Plaintiff)

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  • 12/03/2018
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Dismissal (For Failure of Plaintiff to Enter Default/Default Judgment) - Not Held - Vacated by Court

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  • 12/03/2018
  • Minute Order ((Order to Show Cause Re: Dismissal For Failure of Plaintiff to...)); Filed by Clerk

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  • 11/29/2018
  • Notice of Rejection Default/Clerk's Judgment ((clerical error)); Filed by Clerk

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31 More Docket Entries
  • 02/24/2017
  • Amendment to Complaint; Filed by Luis Montoya (Plaintiff)

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  • 12/20/2016
  • Proof-Service/Summons; Filed by Luis Montoya (Plaintiff)

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  • 12/20/2016
  • PROOF OF SERVICE SUMMONS

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  • 12/20/2016
  • Proof of Service (not Summons and Complaint); Filed by Luis Montoya (Plaintiff)

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  • 12/20/2016
  • PROOF OF SERVICE SUMMONS

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  • 12/02/2016
  • Proof of Service (not Summons and Complaint); Filed by Luis Montoya (Plaintiff)

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  • 12/02/2016
  • PROOF OF SERVICE SUMMONS

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  • 11/04/2016
  • SUMMONS

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  • 11/04/2016
  • Complaint; Filed by Luis Montoya (Plaintiff)

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  • 11/04/2016
  • PLAINTIFF'S COMPLAINT FOR DAMAGES 1. PREMISES LIABILITY ;ETC

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Tentative Rulings

Case Number: BC639876    Hearing Date: April 13, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

LUIS MONTOYA,

Plaintiff(s),

vs.

EASYFLOW ELECTRICAL INC., ET AL.,

Defendant(s).

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CASE NO: BC639876

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION TO VACATE DISMISSAL

Dept. 31

8:30 a.m.

April 13, 2021

  1. Background

    On 11/4/16, Plaintiff, Luis Montoya (“Plaintiff”) filed this action against Defendants, Easyflow Electrical, Inc., Gabriel Pena, Yu Suk Gaither, Benny Harris, and Clifton Hinds (collectively, “Defendants”) for premises liability and general negligence. Plaintiff asserts he has filed requests for defaults against each defendant, with three of the defaults being entered and two recently rejected.

    On 11/3/20, the court held an Order to Show Cause re: Dismissal for Failure to Enter Default Judgment. There were no appearances by any party at the OSC, so the court ordered Plaintiff’s complaint dismissed without prejudice.

    Plaintiff now moves to set aside the dismissal. Plaintiff provides his counsel, Karan S. Gill (“Counsel”), erroneously did not see the 8:30 a.m. appearance on 11/3/20 in her calendar due to a clerical error. Counsel states her secretary that does the calendaring left Counsel’s firm and a new secretary was hired but the 11/3/20 date was not calendared. Counsel avers this inadvertent oversight caused no counsel to appear for Plaintiff at the OSC.

  2. Motion to Set Aside Dismissal

    CCP §473(b) provides, in pertinent part:

    Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any … dismissal entered against his or her client…

    The six-month limitation period for mandatory relief commences at the time the default judgment is entered, rather than the earlier date the default is entered. (Sugasawara v. Newland (1994) 27 Cal.App.4th 294, 296-97 [“it makes little sense to vacate a judgment without also vacating an underlying default....”].)

    “To obtain mandatory relief under section 473, plaintiffs' counsel need not show that his or her mistake, inadvertence, surprise or neglect was excusable. No reason need be given for the existence of one of these circumstances. Attestation that one of these reasons existed is sufficient to obtain relief, unless the trial court finds that the dismissal did not occur because of these reasons.” (Graham v. Beers (1994) 30 Cal.App.4th 1656, 1660; accord. Leader v. Health Indus. of America, Inc. (2001) 89 Cal.App.4th 603, 616 [“The range of attorney conduct for which relief can be granted in the mandatory provision is broader than that in the discretionary provision, and includes inexcusable neglect”.].)

    Here, the underlying dismissal was entered on 11/3/20, and the instant motion was filed on 2/2/21, which is within six months from the date of the dismissal. Consequently, the motion is timely. Moreover, Counsel’s declaration establishes mistake, inadvertence, surprise or neglect in connection with failing to appear at the 11/3/20 hearing.

    The motion is therefore granted. CCP § 473(b). The action is reinstated. The Court sets an Order to Show Cause re: Default Judgment for _______________________________.

    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. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 13th day of April, 2021

Hon. Thomas D. Long

Judge of the Superior Court

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