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This case was last updated from Los Angeles County Superior Courts on 06/19/2019 at 15:08:36 (UTC).

RON ANDERSON VS WELLCOMP MANAGED CARE SERVICES, INC.

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6352

  • Filing Date:

    09/02/2016

  • 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 Judges

LISA HART COLE

NANCY L. NEWMAN

BOBBI TILLMON

 

Party Details

Plaintiff

ANDERSON RON

Defendant

WELLCOMP MANAGED CARE SERVICES INC.

Attorney/Law Firm Details

Plaintiff Attorneys

JONES DAVID G.

VO ALEX SILVA

JONES DAVID L.

Defendant Attorneys

GORDON & REES

PARKE MARGRET GOEDECKE

 

Court Documents

Civil Case Cover Sheet

9/2/2016: Civil Case Cover Sheet

Summons

9/2/2016: Summons

Proof of Service of Summons and Complaint

2/1/2017: Proof of Service of Summons and Complaint

Case Management Statement

3/8/2017: Case Management Statement

Minute Order

3/21/2017: Minute Order

Minute Order

4/27/2017: Minute Order

Case Management Statement

6/7/2017: Case Management Statement

Unknown

12/4/2017: Unknown

Unknown

12/20/2017: Unknown

Minute Order

1/17/2018: Minute Order

Unknown

2/14/2018: Unknown

Minute Order

2/14/2018: Minute Order

Minute Order

8/31/2018: Minute Order

Other -

9/4/2018: Other -

Request for Judicial Notice

12/31/2018: Request for Judicial Notice

Motion to Compel

12/31/2018: Motion to Compel

Minute Order

1/31/2019: Minute Order

Minute Order

1/31/2019: Minute Order

62 More Documents Available

 

Docket Entries

  • 06/17/2019
  • at 09:15 AM in Department O; Jury Trial - Not Held - Vacated by Court

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  • 06/14/2019
  • at 09:30 AM in Department O; Final Status Conference - Not Held - Vacated by Court

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  • 05/29/2019
  • 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 Granted

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  • 05/29/2019
  • Minute Order ( (Hearing on Ex Parte Application FOR ORDER SPECIALLY SETTING H...)); Filed by Clerk

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  • 05/28/2019
  • Ex Parte Application (order specially setting hearing on motion for summary adjudication); Filed by Wellcomp Managed Care Services, Inc. (Defendant)

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  • 02/21/2019
  • at 09:00 AM in Department O; Mandatory Settlement Conference (MSC) - Not Held - Vacated by Court

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  • 02/13/2019
  • Notice (Notice of Entry of Order); Filed by Wellcomp Managed Care Services, Inc. (Defendant)

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  • 01/31/2019
  • 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 Granted

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  • 01/31/2019
  • at 2:19 PM in Department M; Nunc Pro Tunc Order

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  • 01/31/2019
  • Minute Order ( (Hearing on Motion to Compel Plaintiff Ron Anderson to Answer ...)); Filed by Clerk

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144 More Docket Entries
  • 01/18/2017
  • Case Management Statement; Filed by Ron Anderson (Plaintiff)

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  • 01/18/2017
  • Statement-Case Management; Filed by Attorney for Plaintiff

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  • 12/21/2016
  • at 08:30 AM in Department O; Case Management Conference (Conference-Case Management; Advanced to this date & continued) -

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  • 11/23/2016
  • Notice of Continuance (CMC cont. to 2/1/17 ); Filed by Court

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  • 11/23/2016
  • Notice Re: Continuance of Hearing and Order; Filed by Court

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  • 09/02/2016
  • Summons; Filed by Plaintiff

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  • 09/02/2016
  • Complaint; Filed by Ron Anderson (Plaintiff)

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  • 09/02/2016
  • Civil Case Cover Sheet; Filed by Ron Anderson (Plaintiff)

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  • 09/02/2016
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 09/02/2016
  • Complaint Filed

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Tentative Rulings

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)

BACKGROUND

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.

Legal Standard

“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).)

Analysis

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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