On 05/29/2015 SAM OH filed a Personal Injury - Other Personal Injury lawsuit against KAIROS PROPERTY MGMT AND INVESTMENT CO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.
****3543
05/29/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
OH SAM
DOES 1 TO 10
KAIROS PROPERTY MANAGEMENT AND INVESTMENT
YUNG STANLEY
LAI JOSHUA; DOE 1
LIEU TED; DOE 2
LAW OFFICES OF ANDREW KIM APC
KIM KI HYON ESQ.
1/9/2018: Minute Order
4/19/2018: Minute Order
4/19/2018: ORDER RE: PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT
6/1/2018: DECLARATION OF ANDREW KIM IN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL
2/26/2019: Minute Order
5/29/2015: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
5/29/2015: SUMMONS
6/26/2015: AMENDMENT TO COMPLAINT
6/26/2015: AMENDMENT TO COMPLAINT
6/26/2015: FIRST AMENDED COMPLAINT?PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH
6/26/2015: AMENDED SUMMONS
11/4/2015: REQUEST FOR ENTRY OF DEFAULT
11/4/2015: DECLARATION OF DUE DILIGENCE
6/23/2017: PROOF OF SERVICE OF SUMMONS
10/12/2017: STATEMENT OF DAMAGES
10/12/2017: PROOF OF SERVICE SUMMONS
10/18/2017: Minute Order
12/7/2017: REQUEST FOR DISMISSAL
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: (Why This Action Should Not Be Dismissed for Failure of Plaintiff to Enter Default/Default Judgment as to Remaining Defendant Joshua Lai Pursuant to California Rules of Court Sections 3.110(g) and 3.110(h)) - Not Held - Continued - Party's Motion
Minute Order ( (Order to Show Cause Re: Why This Action Should Not Be Dismiss...)); Filed by Clerk
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; (OSC-Failure to File Default Judg) - Held - Continued
Minute Order ((Legacy Event Type : OSC-Failure to File Default Judg)); Filed by Clerk
at 08:30 AM in Department 7; (OSC RE Dismissal; Matter continued) -
Minute Order
Minute order entered: 2018-06-28 00:00:00; Filed by Clerk
Declaration; Filed by Sam Oh (Plaintiff)
DECLARATION OF ANDREW KIM IN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL
at 08:30 AM in Department 7; (OSC RE Dismissal; Matter continued) -
FIRST AMENDED COMPLAINTPERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH
AMENDED SUMMONS
AMENDMENT TO COMPLAINT
Amendment to Complaint; Filed by Sam Oh (Plaintiff)
AMENDMENT TO COMPLAINT
First Amended Complaint; Filed by Sam Oh (Plaintiff)
Summons; Filed by Sam Oh (Plaintiff)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
SUMMONS
Complaint; Filed by Sam Oh (Plaintiff)
Case Number: BC583543 Hearing Date: December 03, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On May 29, 2015, plaintiff Sam Oh (“Plaintiff”) filed this action against defendants Kairos Property Management and Stanley Yung for negligence, intentional tort, and premises liability arising from Defendants’ removal of a tree on Plaintiff’s property. All defendants except Joshua Lai were dismissed on December 7, 2017. Plaintiff filed various default judgment packets but did not support his claim for a default judgment in the amount of $50,000 for the removal of the tree, as summarized in the August 14, 2019 minute order.
On October 1, 2019, Plaintiff’s counsel failed to appear at the OSC re: dismissal for failure to enter a default judgment, and the Court dismissed the case. Plaintiff now moves to set aside the dismissal pursuant to Code of Civil Procedure section 473, subdivision (b).
“[T]he 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 (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect.” (Code Civ. Proc., § 473, subd. (b).) Plaintiff’s counsel submits a declaration stating that he could not find a parking place on time and therefore did not arrive at the courtroom until 9:30 a.m. after the matter was called.
This Motion to set aside dismissal was timely filed within six months of dismissal and the Court finds dismissal was due to counsel’s excusable neglect. The Motion to set aside the October 1, 2019 dismissal is GRANTED and the action is reinstated. The Court sets an Order to Show Cause Re: Why This Action Should Not Be Dismissed for Failure of Plaintiff to Obtain a Default Judgment pursuant to California Rule of Court, rule 3.110 (h) and Code of Civil Procedure section 583.420, subdivision (a)(2)(A) for January 24, 2020 at 8:30 a.m. in Department 4B.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.