On 09/02/2016 RON ANDERSON filed a Personal Injury - Other Personal Injury lawsuit against WELLCOMP MANAGED CARE SERVICES, INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LISA HART COLE, NANCY L. NEWMAN and BOBBI TILLMON. The case status is Pending - Other Pending.
Pending - Other Pending
LISA HART COLE
NANCY L. NEWMAN
WELLCOMP MANAGED CARE SERVICES INC.
JONES DAVID G.
JONES DAVID L.
VO ALEX SILVA
GORDON & REES
PARKE MARGRET GOEDECKE
9/2/2016: Civil Case Cover Sheet
1/18/2017: Case Management Statement
2/1/2017: Proof of Service of Summons and Complaint
2/1/2017: Minute Order
3/8/2017: Case Management Statement
3/21/2017: Minute Order
4/13/2017: Case Management Statement
4/24/2017: Case Management Statement
4/27/2017: Minute Order
6/2/2017: Case Management Statement
at 09:15 AM in Department O; Jury Trial - Not Held - Vacated by CourtRead MoreRead Less
at 09:30 AM in Department O; Final Status Conference - Not Held - Vacated by CourtRead MoreRead Less
at 08:30 AM in Department M; Hearing on Ex Parte Application (FOR ORDER SPECIALLY SETTING HEARING ON DEFENDANT WELLCOMP MANAGED CARE SERVICES, INC.?S MOTION FOR SUMMARY ADJUDICATION) - Held - Motion GrantedRead MoreRead Less
Minute Order ( (Hearing on Ex Parte Application FOR ORDER SPECIALLY SETTING H...)); Filed by ClerkRead MoreRead Less
Ex Parte Application (order specially setting hearing on motion for summary adjudication); Filed by Wellcomp Managed Care Services, Inc. (Defendant)Read MoreRead Less
at 09:00 AM in Department O; Mandatory Settlement Conference (MSC) - Not Held - Vacated by CourtRead MoreRead Less
Notice (Notice of Entry of Order); Filed by Wellcomp Managed Care Services, Inc. (Defendant)Read MoreRead Less
at 08:30 AM in Department M; Hearing on Motion to Compel (Plaintiff Ron Anderson to Answer Questions Plaintiff Refused to Answer at Deposition) - Held - Motion GrantedRead MoreRead Less
at 2:19 PM in Department M; Nunc Pro Tunc OrderRead MoreRead Less
Minute Order ( (Hearing on Motion to Compel Plaintiff Ron Anderson to Answer ...)); Filed by ClerkRead MoreRead Less
Case Management Statement; Filed by Ron Anderson (Plaintiff)Read MoreRead Less
Statement-Case Management; Filed by Attorney for PlaintiffRead MoreRead Less
at 08:30 AM in Department O; Case Management Conference (Conference-Case Management; Advanced to this date & continued) -Read MoreRead Less
Notice of Continuance (CMC cont. to 2/1/17 ); Filed by CourtRead MoreRead Less
Notice Re: Continuance of Hearing and Order; Filed by CourtRead MoreRead Less
Summons; Filed by PlaintiffRead MoreRead Less
Complaint; Filed by Ron Anderson (Plaintiff)Read MoreRead Less
Civil Case Cover Sheet; Filed by Ron Anderson (Plaintiff)Read MoreRead Less
Summons Filed; Filed by Attorney for PlaintiffRead MoreRead Less
Complaint FiledRead MoreRead Less
Case Number: SC126352 Hearing Date: August 12, 2020 Dept: M
CASE NAME: Ron Anderson v. Wellcomp Managed Care Services, Inc.
CASE NO.: SC126352
MOTION: Plaintiff’s Motion to set aside (unopposed)
Plaintiff Ron Anderson filed this action on September 2, 2016. The complaint contained incorrect information about Plaintiff’s health. Plaintiff notes that the parties settled on October 16, 2019. The Court dismissed this case during an OSC re dismissal hearing on January 8, 2020. The Court’s minute order states, “Plaintiff's oral request to seal the record is heard, argued and DENIED.” (1/8/2020 Minute Order.) On June 23, 2020, Plaintiff filed a motion to set aside dismissal. Plaintiff seeks to set aside the dismissal for the purpose of allowing Plaintiff to file a motion to seal a portion of the Court’s record.
“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473) (b). Under Code of Civil Procedure, section 473, subdivision (b), an application for relief must be made no more than six months after entry of the order from which relief is sought, and must be accompanied by an affidavit of fault attesting to the moving party’s mistake, inadvertence, surprise or neglect. (Code Civ. Proc., § 473(b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473(b).)
Plaintiff brings this motion under Code of Civil Procedure, section 473(b) to set aside the dismissal. The Court finds that this motion is timely. The Court dismissed the case on January 8, 2020, and Plaintiff’s motion was made within the six-month deadline.
Plaintiff seeks an order setting aside the dismissal to have the opportunity to file a motion under seal. Plaintiff has lodged the proposed motion to file under seal with this motion. (See Notice of Lodgment.) Plaintiff argues that that his counsel, David Jones, had left the Santiago & Jones firm. (See Jones decl. ¶ 5.) Plaintiff explains that Attorney Matthew S. Erickson specially appeared at the OSC. Mr. Erickson was directed by Mr. Jones to request a continuance of the OSC so that Plaintiff could file a motion to file under seal. (See Jones Decl. ¶ 5.) Instead, it appears that Mr. Erickson made an oral request to seal the court record. (See 1/8/2020 Order.) Jones states that Mr. Erickson was a special appearance attorney and had no prior involvement in the case. (Jones Decl. ¶ 5.)
The Court notes that this motion is unopposed. (See Moroney Decl. ¶ 7, Ex. D.) It appears that the mistake was getting a special appearance attorney that was unfamiliar with the case to appear for the hearing. (See Mot. at 4.) Plaintiff wants the opportunity to file a motion under seal to redact and seal minimal portions of the record that contain incorrect private medical information. (See Anderson Decl. ¶¶ 2, 4.) Though Jones does not attest to the mistake, it is implicit in his declaration. The Court finds that Plaintiff has presented good cause to set aside the dismissal, for the sole purpose of obtaining the opportunity to file and argue the lodged motion under seal. Plaintiff’s motion to set aside dismissal is GRANTED.
The Court sets the hearing for the motion to seal on _____________________.
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