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This case was last updated from Los Angeles County Superior Courts on 07/09/2019 at 22:45:27 (UTC).

MILES JOHNSON VS LABREA HOTEL LLC

Case Summary

On 02/26/2015 MILES JOHNSON filed a Personal Injury - Other Personal Injury lawsuit against LABREA HOTEL LLC. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3797

  • Filing Date:

    02/26/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

JOHNSON MILES

Defendants and Respondents

DOES 1-20

LABREA HOTEL LLC

PATEL RAJUBHAI; DOE 2 DBA LA BREA HOTEL

PATEL RAJUBHAI; DOE 3

PATEL BHIKHABHAI DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

MYBEDBUGLAWYER INC

Defendant Attorney

COHEN ADRIENNE DEE ESQ.

 

Court Documents

Proof of Service

3/23/2018: Proof of Service

RAJUBHAI PATEL DBA LA BRFA HOTEL'S NOTICE OF MOTION AND MOTION TO VACATE THE DEFAULT JUDGMENT

3/23/2018: RAJUBHAI PATEL DBA LA BRFA HOTEL'S NOTICE OF MOTION AND MOTION TO VACATE THE DEFAULT JUDGMENT

RAJUBHAI PATEL DBA LA BREA HOTEL'S OPPOSITION TO MILES JOHNSON'S NOTICE OF MOTION AND MOTION TO VACATE VOLUNTARY DISMISSAL; DECLARATION OF RAJUBHAI PATEL; DECLARATION OF MILLI KIM

7/20/2018: RAJUBHAI PATEL DBA LA BREA HOTEL'S OPPOSITION TO MILES JOHNSON'S NOTICE OF MOTION AND MOTION TO VACATE VOLUNTARY DISMISSAL; DECLARATION OF RAJUBHAI PATEL; DECLARATION OF MILLI KIM

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RAJUBHAI PATEL DBA LA BREA HOTEL AND RAJUBHAI PATEL'S EX PARTE APPLICATION FOR AN ORDER TO SHORTEN TIME TO HEAR DEFENDANT'S MOTION TO SET ASIDE PLAINTIFF'S AP

8/17/2018: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RAJUBHAI PATEL DBA LA BREA HOTEL AND RAJUBHAI PATEL'S EX PARTE APPLICATION FOR AN ORDER TO SHORTEN TIME TO HEAR DEFENDANT'S MOTION TO SET ASIDE PLAINTIFF'S AP

DECLARATION OF MILLI KIM

8/17/2018: DECLARATION OF MILLI KIM

NOTICE OF ENTRY OF ORDER

9/25/2018: NOTICE OF ENTRY OF ORDER

Opposition

5/9/2019: Opposition

Minute Order

5/30/2019: Minute Order

Request for Entry of Default / Judgment

6/13/2019: Request for Entry of Default / Judgment

COMPLAINT FOR DAMAGES: 1. BREACH OF WARRANTY OF HABITABILITY (VIOLATION OF CIVIL CODE ? 1941.1); ETC

2/26/2015: COMPLAINT FOR DAMAGES: 1. BREACH OF WARRANTY OF HABITABILITY (VIOLATION OF CIVIL CODE ? 1941.1); ETC

PROOF OF SERVICE SUMMONS

10/13/2016: PROOF OF SERVICE SUMMONS

Minute Order

10/17/2016: Minute Order

AMENDED AMENDMENT TO COMPLAINT

10/18/2016: AMENDED AMENDMENT TO COMPLAINT

AMENDMENT TO COMPLAINT

10/20/2016: AMENDMENT TO COMPLAINT

AMENDMENT TO COMPLAINT

10/20/2016: AMENDMENT TO COMPLAINT

NOTICE OF LIEN ON PROCEEDS ON JUDGMENT/ACTION/SETTLEMENT OBTAINED BY PLAINTIFF: MILES JOHNSON LIEN CLAIMANT: COURTCALL, LLC

10/25/2016: NOTICE OF LIEN ON PROCEEDS ON JUDGMENT/ACTION/SETTLEMENT OBTAINED BY PLAINTIFF: MILES JOHNSON LIEN CLAIMANT: COURTCALL, LLC

REQUEST FOR ENTRY OF DEFAULT

4/3/2017: REQUEST FOR ENTRY OF DEFAULT

Minute Order

4/21/2017: Minute Order

76 More Documents Available

 

Docket Entries

  • 06/24/2019
  • Reply (to Rajubhai Patel dba La Brea Hotel's Opposition to Motion to Vacate Dismissal;); Filed by Miles Johnson (Plaintiff)

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  • 06/24/2019
  • Motion to Vacate Dismissal Filed by Plaintiff; Filed by Miles Johnson (Plaintiff)

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  • 06/13/2019
  • Request for Entry of Default; Filed by Miles Johnson (Plaintiff)

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  • 06/05/2019
  • Notice of Status Conference and Order; Filed by Clerk

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  • 05/30/2019
  • at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held

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  • 05/30/2019
  • Minute Order ( (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))); Filed by Clerk

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  • 05/30/2019
  • Certificate of Mailing for (Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)) of 05/30/2019); Filed by Clerk

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  • 05/21/2019
  • Reply ( to Opposition); Filed by LaBrea Hotel, LLC (Defendant)

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  • 05/09/2019
  • Opposition (Opposition of Specially Appearing Non Parties); Filed by Patel, Rajubhai; Doe 3 (Defendant); Patel, Rajubhai; Doe 2 (Defendant)

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  • 05/02/2019
  • Request (for Court Reporting Services by a Party with Fee Waiver); Filed by Miles Johnson (Plaintiff)

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161 More Docket Entries
  • 08/11/2016
  • Minute Order

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  • 05/05/2016
  • PROOF OF SERVICE SUMMONS AND COMPLAINT

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  • 05/05/2016
  • Proof-Service/Summons

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  • 04/26/2016
  • AMENDMENT TO COMPLAINT

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  • 04/26/2016
  • Amendment to Complaint; Filed by Miles Johnson (Plaintiff)

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  • 03/20/2015
  • PROOF OF SERVICE SUMMONS AND COMPLAINT

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  • 03/20/2015
  • Proof-Service/Summons; Filed by Miles Johnson (Plaintiff)

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  • 02/26/2015
  • Complaint; Filed by Miles Johnson (Plaintiff)

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  • 02/26/2015
  • COMPLAINT FOR DAMAGES: 1. BREACH OF WARRANTY OF HABITABILITY (VIOLATION OF CIVIL CODE 1941.1); ETC

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  • 02/26/2015
  • SUMMONS

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Tentative Rulings

Case Number: BC573797    Hearing Date: December 08, 2020    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka

Department B

Tuesday, December 8, 2020

Calendar No. 9

PROCEEDINGS

Miles Johnson v. LaBrea Hotel, LLC, et al.

BC573797

  1. Miles Johnson’s Motion to Vacate Dismissal

    TENTATIVE RULING

    Plaintiff Miles Johnson’s Motion to Vacate Dismissal is denied.

    On Oct. 22, 2019, the Court heard and denied Plaintiff’s Motion to Set Aside or Vacate Dismissal. The motion was previously denied because Plaintiff failed to provide a declaration setting forth facts to establish that the dismissal was entered due to the mistake, inadvertence, surprise, or excusable neglect of Plaintiff pursuant to Code of Civil Procedure § 473(b). Plaintiff also failed to provide a declaration which established diligence in making the motion.

    On August 21, 2018, Plaintiff filed two Amendments to Complaint setting forth that DOE 2 – “Rhajublai Patel dba La Brea Hotel” was improperly designated and that the name of “Rajubhai Patel dba La Brea Hotel” is hereby substituted as the true name for the incorrect name noted above where it may appear in the complaint, and that DOE 3 – “Rhabulai Patel” was improperly designated, and that the name of “Rajubhai Patel” is hereby substituted as the true name for the incorrect name noted above where it may appear in the complaint.

    On September 10, 2018, the parties filed a stipulation setting aside the defaults of Rajubhai Patel dba La Brea Hotel and Rajubhai Patel. Then, shortly thereafter, on September 12, 2018, Plaintiff voluntarily dismissed DOE 2 - Rhajublai Patel dba La Brea Hotel and DOE 3 - Rhajublai Patel from this action. Based on the Amendment filed on August 21, 2018, the dismissal of September 12, 2018 acted to completely dismiss Rajubhai Patel dba La Brea Hotel and Rajubhai Patel from this action.

    Plaintiff first filed a motion to set aside the dismissal on March 1, 2019, then again on June 24, 2019 and again on August 9, 2019. Plaintiff also filed “Reply” documents on May 21, 2019 and June 24, 2019. In none of the declarations submitted in support of the various documents noted did Plaintiff explain the delay in first filing this motion on March 1, 2019 which is nearly six months after the dismissal of September 12, 2018. While the motion was made within the six-month jurisdictional limit of CCP § 473(b), Plaintiff did not adequately provide any explanation for the delay in filing the motion. Even if the motion was made within the six-month requirement, “relief is not warranted unless the moving party demonstrates diligence in seeking it.” Huh v. Wang (2007) 158 Cal.App.4th 1406, 1420. Also, in none of the declarations previously submitted did Plaintiff explain the purported mistake, inadvertence, surprise, or excusable neglect. Instead, Plaintiff stated that Defendants and the Court was to blame for the dismissal. Neither the Court nor the Defendants caused this dismissal, but, instead, the dismissal was effectuated voluntarily by Plaintiff himself.

    After that motion was denied, Plaintiff moved again to set aside the dismissal now citing to CCP § 473(d). First, since the prior motion was denied, Plaintiff was required to file a motion for reconsideration pursuant to CCP § 1008. The Court notes that Plaintiff apparently filed a motion for reconsideration but took that motion off calendar. Second, CCP § 473(d) does not constitute grounds for the requested relief because the dismissal was not void on its face. Therefore, on July 9, 2020, Plaintiff’s motion to set aside dismissal was again denied. However, Defendants’ request for sanctions, with their opposition, was denied without prejudice subject to a noticed motion setting forth a proper statutory and factual basis for sanctions.

    Plaintiff has now moved yet again to set aside the dismissal. The Court denies the motion again for the same reasons noted above. Defendants’ request for sanctions is again denied without prejudice subject to a noticed motion setting forth a proper statutory and factual basis for sanctions.

    Former Defendants are ordered to give notice of this ruling.

Case Number: BC573797    Hearing Date: July 09, 2020    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka

Department B

Thursday, July 9, 2020

Calendar No. 5

PROCEEDINGS

Miles Johnson v. LaBrea Hotel, LLC, et al.

BC573797

  1. Miles Johnson’s Motion to Vacate Dismissal

    TENTATIVE RULING

    Miles Johnson’s Motion to Vacate Dismissal is denied.

    On Oct. 22, 2019, the Court heard and denied Plaintiff’s Motion to Set Aside or Vacate Dismissal. The motion was previously denied because Plaintiff failed to provide a declaration setting forth facts to establish that the dismissal was entered due to the mistake, inadvertence, surprise, or excusable neglect of Plaintiff pursuant to Code of Civil Procedure § 473(b). Plaintiff also failed to provide a declaration which established diligence in making the motion.

    On August 21, 2018, Plaintiff filed two Amendments to Complaint setting forth that DOE 2 – “Rhajublai Patel dba La Brea Hotel” was improperly designated and that the name of “Rajubhai Patel dba La Brea Hotel” is hereby substituted as the true name for the incorrect name noted above where it may appear in the complaint, and that DOE 3 – “Rhabulai Patel” was improperly designated, and that the name of “Rajubhai Patel” is hereby substituted as the true name for the incorrect name noted above where it may appear in the complaint.

    On September 10, 2018, the parties filed a stipulation setting aside the defaults of Rajubhai Patel dba La Brea Hotel and Rajubhai Patel. Then, shortly thereafter, on September 12, 2018, Plaintiff voluntarily dismissed DOE 2 - Rhajublai Patel dba La Brea Hotel and DOE 3 - Rhajublai Patel from this action. Based on the Amendment filed on August 21, 2018, the dismissal of September 12, 2018 acted to completely dismiss Rajubhai Patel dba La Brea Hotel and Rajubhai Patel from this action.

    Plaintiff first filed a motion to set aside the dismissal on March 1, 2019, then again on June 24, 2019 and again on August 9, 2019. Plaintiff also filed “Reply” documents on May 21, 2019 and June 24, 2019. In none of the declarations submitted did Plaintiff explain the delay in first filing this motion on March 1, 2019. While the motion was made within the six-month jurisdictional limit of CCP § 473(b), Plaintiff did not adequately provide any explanation for the delay in filing the motion. Even if the motion was made within the six-month requirement, “relief is not warranted unless the moving party demonstrates diligence in seeking it.” Huh v. Wang (2007) 158 Cal.App.4th 1406, 1420. Also, in none of the declarations previously submitted did Plaintiff explain the purported mistake, inadvertence, surprise, or excusable neglect. Instead, Plaintiff stated that Defendants and the Court was to blame for the dismissal. Neither the Court nor the Defendants caused this dismissal. Instead, the dismissal was effectuated voluntarily by Plaintiff himself.

    After that motion was denied, Plaintiff moved again to set aside the dismissal now citing to CCP § 473(d). First, since the prior motion was denied, Plaintiff was required to file a motion for reconsideration pursuant to CCP § 1008. The Court notes that Plaintiff apparently filed a motion for reconsideration but took that motion off calendar. Second, CCP § 473(d) does not constitute grounds for the requested relief because the dismissal is not void on its face.

    Therefore, Plaintiff’s motion to set aside dismissal is denied. However, Defendants’ request for sanctions, with their opposition, is denied without prejudice subject to a noticed motion setting forth a proper statutory and factual basis for sanctions.

    Former Defendants are ordered to give notice of this ruling.

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