This case was last updated from Los Angeles County Superior Courts on 06/26/2019 at 15:29:16 (UTC).

SAM OH VS KAIROS PROPERTY MGMT AND INVESTMENT CO ET AL

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3543

  • Filing Date:

    05/29/2015

  • 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 Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

OH SAM

Defendants and Respondents

DOES 1 TO 10

KAIROS PROPERTY MANAGEMENT AND INVESTMENT

YUNG STANLEY

LAI JOSHUA; DOE 1

LIEU TED; DOE 2

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF ANDREW KIM APC

KIM KI HYON ESQ.

 

Court Documents

Minute Order

1/9/2018: Minute Order

Minute Order

4/19/2018: Minute Order

ORDER RE: PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT

4/19/2018: ORDER RE: PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT

DECLARATION OF ANDREW KIM IN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL

6/1/2018: DECLARATION OF ANDREW KIM IN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL

Minute Order

2/26/2019: Minute Order

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

5/29/2015: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

5/29/2015: SUMMONS

AMENDMENT TO COMPLAINT

6/26/2015: AMENDMENT TO COMPLAINT

AMENDMENT TO COMPLAINT

6/26/2015: AMENDMENT TO COMPLAINT

FIRST AMENDED COMPLAINT?PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

6/26/2015: FIRST AMENDED COMPLAINT?PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

AMENDED SUMMONS

6/26/2015: AMENDED SUMMONS

REQUEST FOR ENTRY OF DEFAULT

11/4/2015: REQUEST FOR ENTRY OF DEFAULT

DECLARATION OF DUE DILIGENCE

11/4/2015: DECLARATION OF DUE DILIGENCE

PROOF OF SERVICE OF SUMMONS

6/23/2017: PROOF OF SERVICE OF SUMMONS

STATEMENT OF DAMAGES

10/12/2017: STATEMENT OF DAMAGES

PROOF OF SERVICE SUMMONS

10/12/2017: PROOF OF SERVICE SUMMONS

Minute Order

10/18/2017: Minute Order

REQUEST FOR DISMISSAL

12/7/2017: REQUEST FOR DISMISSAL

17 More Documents Available

 

Docket Entries

  • 02/26/2019
  • 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

    Read MoreRead Less
  • 02/26/2019
  • Minute Order ( (Order to Show Cause Re: Why This Action Should Not Be Dismiss...)); Filed by Clerk

    Read MoreRead Less
  • 01/04/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; (OSC-Failure to File Default Judg) - Held - Continued

    Read MoreRead Less
  • 01/04/2019
  • Minute Order ((Legacy Event Type : OSC-Failure to File Default Judg)); Filed by Clerk

    Read MoreRead Less
  • 06/28/2018
  • at 08:30 AM in Department 7; (OSC RE Dismissal; Matter continued) -

    Read MoreRead Less
  • 06/28/2018
  • Minute Order

    Read MoreRead Less
  • 06/28/2018
  • Minute order entered: 2018-06-28 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 06/01/2018
  • Declaration; Filed by Sam Oh (Plaintiff)

    Read MoreRead Less
  • 06/01/2018
  • DECLARATION OF ANDREW KIM IN RESPONSE TO ORDER TO SHOW CAUSE RE: DISMISSAL

    Read MoreRead Less
  • 05/29/2018
  • at 08:30 AM in Department 7; (OSC RE Dismissal; Matter continued) -

    Read MoreRead Less
49 More Docket Entries
  • 06/26/2015
  • FIRST AMENDED COMPLAINTPERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

    Read MoreRead Less
  • 06/26/2015
  • AMENDED SUMMONS

    Read MoreRead Less
  • 06/26/2015
  • AMENDMENT TO COMPLAINT

    Read MoreRead Less
  • 06/26/2015
  • Amendment to Complaint; Filed by Sam Oh (Plaintiff)

    Read MoreRead Less
  • 06/26/2015
  • AMENDMENT TO COMPLAINT

    Read MoreRead Less
  • 06/26/2015
  • First Amended Complaint; Filed by Sam Oh (Plaintiff)

    Read MoreRead Less
  • 06/26/2015
  • Summons; Filed by Sam Oh (Plaintiff)

    Read MoreRead Less
  • 05/29/2015
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 05/29/2015
  • SUMMONS

    Read MoreRead Less
  • 05/29/2015
  • Complaint; Filed by Sam Oh (Plaintiff)

    Read MoreRead Less

Tentative Rulings

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.