This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 20:25:53 (UTC).

PATRICIA OYUELA ET AL VS VARDUHI KALADZHYAN ET AL

Case Summary

On 12/02/2016 PATRICIA OYUELA filed a Personal Injury - Motor Vehicle lawsuit against VARDUHI KALADZHYAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2552

  • Filing Date:

    12/02/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

OYUELA PATRICIA

Defendants and Respondents

DOES 1 TO 20

KHARBERTYAN MARIAM

DOE DRIVER

KALADZHYAN VARDUHI

VARDUHI KALADZHYAN

Minors

RAMOS REYNEL

ZUNIGA DANIEL

ZUNIGA ELISA

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

TRUJILLO F. JAVIER ESQ.

TRUJILLO FERNANDO JAVIER

 

Court Documents

DECLARATION OF REASONABLE DILIGENCE

5/2/2018: DECLARATION OF REASONABLE DILIGENCE

PROOF OF SERVICE BY MAIL

5/2/2018: PROOF OF SERVICE BY MAIL

DECLARATION OF REASONABLE DILIGENCE

5/2/2018: DECLARATION OF REASONABLE DILIGENCE

PROOF OF SERVICE SUMMONS

5/2/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE BY MAIL

5/2/2018: PROOF OF SERVICE BY MAIL

Minute Order

5/4/2018: Minute Order

Minute Order

5/21/2018: Minute Order

Minute Order

12/20/2018: Minute Order

Statement of Damages (Personal Injury or Wrongful Death)

1/18/2019: Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death)

1/18/2019: Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death)

1/18/2019: Statement of Damages (Personal Injury or Wrongful Death)

Request for Entry of Default / Judgment

1/18/2019: Request for Entry of Default / Judgment

Statement of Damages (Personal Injury or Wrongful Death)

1/18/2019: Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death)

1/18/2019: Statement of Damages (Personal Injury or Wrongful Death)

Statement of Damages (Personal Injury or Wrongful Death)

1/18/2019: Statement of Damages (Personal Injury or Wrongful Death)

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

6/15/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

6/15/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

SUMMONS

7/10/2017: SUMMONS

12 More Documents Available

 

Docket Entries

  • 05/24/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (Default Judgment) - Not Held - Continued - Party's Motion

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  • 05/24/2019
  • Minute Order ( (Order to Show Cause Re: Default Judgment)); Filed by Clerk

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  • 02/14/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (dismissal for failure to enter defaults / alternatively Trial Setting Conference) - Not Held - Continued - Court's Motion

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  • 02/14/2019
  • Minute Order ( (Order to Show Cause Re: dismissal for failure to enter defaul...)); Filed by Clerk

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  • 01/18/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Patricia Oyuela (Plaintiff)

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  • 01/18/2019
  • Request for Entry of Default / Judgment; Filed by Patricia Oyuela (Plaintiff)

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  • 01/18/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Patricia Oyuela (Plaintiff)

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  • 01/18/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Patricia Oyuela (Plaintiff)

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  • 01/18/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Patricia Oyuela (Plaintiff)

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  • 01/18/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Patricia Oyuela (Plaintiff)

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24 More Docket Entries
  • 07/10/2017
  • Summons Issued; Filed by Clerk

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  • 07/10/2017
  • Summons; Filed by Clerk

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  • 06/21/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 06/21/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 06/15/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 06/15/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 06/15/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 06/15/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 12/05/2016
  • Complaint; Filed by Patricia Oyuela (Plaintiff)

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  • 12/02/2016
  • COMPLAINT FOR PERSONAL INJURIES 1. MOTOR VEHICLE NEGLIGENCE ;ETC

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Tentative Rulings

Case Number: BC642552    Hearing Date: August 25, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

patricia oyuela, et al.,

Plaintiffs,

v.

Varduhi Kaladzhyan, et al.,

Defendants.

Case No.: BC642552

Hearing Date: August 25, 2020

[TENTATIVE] order RE:

Motion To SET ASIDE default

Plaintiffs Patricia Oyuela, Reynel Ramos, Elisa Zuniga, Patricia Oyuela, and Daniel Zuniga (“Plaintiffs”) filed this action against Defendants Varduhi Kaladzhyan and Mariam Kharbertyan (“Defendants”) following a motor vehicle collision. Defendants move to set aside the default entered against them on January 18, 2019, and the default judgment entered against them on September 3, 2019. The motion is granted.

Plaintiffs argue that this motion is untimely. Plaintiffs are incorrect because Defendants contend they did not receive notice of this action because Plaintiffs did not properly serve them. Where the plaintiff has not properly served the summons and complaint on a defendant, any resulting default or default judgment is void, and the defendant may move to set it aside at any time. (Peralta v. Heights Medical Center, Inc. (1988) 485 U.S. 80, 84.) Plaintiffs also argue that Defendant’s insurance company was on notice of this lawsuit. That does not exclude Plaintiffs from serving Defendants.

Defendants rely on their own declarations stating that they were never served. The proof of service attached to the request for entry of default judgment states that they were served via substitute service by leaving the documents with Lucy Kharbertyan at 6657 Denny Avenue in North Hollywood on December 29, 2017. The proof of service describes Lucy Kharbertyan as 5’5” tall with blonde hair.

A plaintiff may serve an individual defendant “by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address . . . , in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address . . . , at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left.” (Code Civ. Proc., § 415.20, subd. (b).)

Defendants proffer a declaration from Lucy Kharbertyan, which states that no one served her with the summons and complaint in this matter. (Declaration of Lucy Kharbertyan, ¶¶ 2-3.) Lucy Kharbertyan states that she is 5’1” tall and has dark brown/black hair. (Id., ¶ 3.) Perhaps most important, Lucy Kharbertyan states that she did not live at that address in December 2017, when she purportedly was served, because she had moved out and was living in Northridge at the time. (Declaration of Lucy Kharbertyan, ¶ 4.) The record is clear that Defendants were not properly served, so the motion is granted.

CONCLUSION AND ORDER

Defendants’ motion to set aside entry of default judgments is granted. This case was filed on December 2, 2016, and default judgments were entered on September 9, 2019. The time period of September 9, 2019, to August 25, 2020, which is 351 days, is excluded for purposes of determining the deadline for trial, per Code of Civil Procedure section 583.310. Therefore, the date for purposes of section 583.310 shall be November 18, 2022. Therefore, the Court sets the following dates:

Final Status Conference: November 16, 2021, at 10:00 a.m.

Trial: November 30, 2021, at 8:30 a.m.

The discovery and motions cut-off shall be based on the new trial date. Defendants shall provide notice and file proof of such with the Court.

DATED: August 25, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

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