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This case was last updated from Los Angeles County Superior Courts on 06/10/2021 at 14:12:52 (UTC).

SOUFIANE CHIBANE VS EDWARD OVSEPYAN ET AL

Case Summary

On 01/26/2016 SOUFIANE CHIBANE filed a Personal Injury - Motor Vehicle lawsuit against EDWARD OVSEPYAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHEN I. GOORVITCH and MICHAEL E. WHITAKER. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8482

  • Filing Date:

    01/26/2016

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHEN I. GOORVITCH

MICHAEL E. WHITAKER

 

Party Details

Plaintiff and Petitioner

CHIBANE SOUFIANE

Defendants and Respondents

SLS CAR SERVICE INC.

OVSEPYAN EDWARD

DOES 1 TO 50

TSATOURIAN DOE 2 MGER

OGANESYAN DOE 1 SEVAK

RASIER LLC DOE 6

AVETISYAN ARTEM

UBER TECHNOLOGIES INC. DOE 7

OVSEPYAN - GOOD FAITH EDWARD

RASIER LLC DOE 6 - GOOD FAITH

SLS CAR SERVICE INC. - GOOD FAITH

UBER TECHNOLOGIES INC. DOE 7 - GOOD FAITH

Defendant and Cross Plaintiff

AVETISYAN ARTEM

Cross Defendants

OGANESYAN EDIK

OGANESYAN DOE 1 SEVAK

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

AAA-LAW

ASHOUR ASHKAN

Defendant Attorneys

TAHMAZIAN JILBERT ESQ.

ANGELOPOULOS TRACEY L. DEPUTY ATTORNEY

MIKEL ISSA F.

MILLS HEATHER LYNN

BOIADJIAN ANGELA

 

Court Documents

Request for Dismissal

7/26/2019: Request for Dismissal

Request for Dismissal

11/7/2019: Request for Dismissal

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

11/20/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Motion to Set Aside/Vacate Dismissal

10/7/2020: Motion to Set Aside/Vacate Dismissal

Declaration - DECLARATION DECLARATION OF ASHKAN ASHOUR, ESQ. RE: UNTIMELY FILING AND SERVICE OF THE DEMURRER BY THE DEFENDANTS

10/7/2020: Declaration - DECLARATION DECLARATION OF ASHKAN ASHOUR, ESQ. RE: UNTIMELY FILING AND SERVICE OF THE DEMURRER BY THE DEFENDANTS

Notice - NOTICE NOTICE OF ERRATA RE: PLAINTIFF'S REPLY TO DEFENDANTS OPPOSITION TO MOTION TO SET ASIDE DISMISSAL

3/12/2021: Notice - NOTICE NOTICE OF ERRATA RE: PLAINTIFF'S REPLY TO DEFENDANTS OPPOSITION TO MOTION TO SET ASIDE DISMISSAL

EXPARTE APPLICATION FOR A CONTINUANCE OF TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF TRACEY L. ANGELOPOULOS

12/14/2017: EXPARTE APPLICATION FOR A CONTINUANCE OF TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF TRACEY L. ANGELOPOULOS

AMENDMENT TO COMPLAINT -

1/30/2018: AMENDMENT TO COMPLAINT -

UBER TECHNOLOGIES, INC AND RAISER, LLCS EXPARTE APPLICATION TO CONTINUE TRIAL AND RELATED DATES

3/5/2018: UBER TECHNOLOGIES, INC AND RAISER, LLCS EXPARTE APPLICATION TO CONTINUE TRIAL AND RELATED DATES

SUMMONS -

4/16/2018: SUMMONS -

Motion to Seal - MOTION TO SEAL PORTIONS OF MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

12/28/2018: Motion to Seal - MOTION TO SEAL PORTIONS OF MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

Proof of Personal Service

1/16/2019: Proof of Personal Service

Notice of Lodging - Notice of Lodging NOTICE OF LODGEMENT OF UNREDACTED DOCUMENTS IN SUPPORT OF DEFENDANTS UBER TECHNOLOGIES, INC. AND RASIER, LLCS NOTICE OF SETTLEMENT AND MOTION FOR DETERMINATION OF

2/22/2019: Notice of Lodging - Notice of Lodging NOTICE OF LODGEMENT OF UNREDACTED DOCUMENTS IN SUPPORT OF DEFENDANTS UBER TECHNOLOGIES, INC. AND RASIER, LLCS NOTICE OF SETTLEMENT AND MOTION FOR DETERMINATION OF

Minute Order - MINUTE ORDER (COURT ORDER)

3/25/2019: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE NOTICE OF ASSOCIATION OF COUNSEL

5/13/2019: Notice - NOTICE NOTICE OF ASSOCIATION OF COUNSEL

Reply - REPLY IN FURTHER SUPPORT OF MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

6/5/2019: Reply - REPLY IN FURTHER SUPPORT OF MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

Notice of Lodging - NOTICE OF LODGING OF UNREDACTED DOCUMENTS IN SUPPORT OF REPLY

6/5/2019: Notice of Lodging - NOTICE OF LODGING OF UNREDACTED DOCUMENTS IN SUPPORT OF REPLY

PROOF OF SERVICE SUMMONS AND COMPLAINT

10/25/2017: PROOF OF SERVICE SUMMONS AND COMPLAINT

117 More Documents Available

 

Docket Entries

  • 05/17/2021
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion for Reconsideration - Held - Taken under Submission

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  • 05/17/2021
  • DocketMinute Order ( (Hearing on Motion for Reconsideration)); Filed by Clerk

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  • 05/17/2021
  • DocketCertificate of Mailing for ((Hearing on Motion for Reconsideration) of 05/17/2021); Filed by Clerk

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  • 04/02/2021
  • DocketMotion for Reconsideration (FOR RECONSIDERATION OF THE MARCH 19,2021 ORDER DENYING PLAINTIFF'S MOTION TO VACATE THE DISMISSAL); Filed by Soufiane Chibane (Plaintiff)

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  • 03/19/2021
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held - Motion Denied

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  • 03/19/2021
  • DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))); Filed by Clerk

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  • 03/19/2021
  • DocketCertificate of Mailing for ((Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)) of 03/19/2021); Filed by Clerk

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  • 03/12/2021
  • DocketNotice (Notice of Errata re: Plaintiff's Reply to Defendants Opposition to Motion to Set Aside Dismissal); Filed by Soufiane Chibane (Plaintiff)

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  • 03/12/2021
  • DocketReply (Plaintiff Soufiane Chibane's Reply to Defendant Mger Tsatourian's Improper Opposition to Motion to Set Aside Dismissal); Filed by Soufiane Chibane (Plaintiff)

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  • 03/05/2021
  • DocketOpposition (Defendant's Opposition to Plaintiff's Notice of Motion and Motion to Set Aside Dismissal of Case); Filed by Artem Avetisyan (Defendant)

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206 More Docket Entries
  • 07/06/2016
  • DocketPROOF OF SERVICE SUMMONS AND COMPLAIN

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  • 02/11/2016
  • DocketSummons Issued; Filed by Soufiane Chibane (Plaintiff)

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  • 02/11/2016
  • DocketCIVIL DEPOSIT

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  • 02/11/2016
  • DocketReceipt; Filed by Soufiane Chibane (Plaintiff)

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  • 02/11/2016
  • DocketSUMMONS

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  • 01/29/2016
  • DocketORDER ON COURT FEE WAIVER

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  • 01/29/2016
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 01/26/2016
  • DocketRequest to Waive Court Fees; Filed by Soufiane Chibane (Plaintiff)

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  • 01/26/2016
  • DocketComplaint; Filed by Soufiane Chibane (Plaintiff)

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  • 01/26/2016
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC608482    Hearing Date: May 17, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

May 17, 2021

CASE NUMBER

BC608482

MOTION

Motion for Reconsideration

MOVING PARTY

Plaintiff Soufiane Chibane

OPPOSING PARTY

None

MOTION

Plaintiff Soufiane Chibane (“Plaintiff”) moves for reconsideration of this Court’s order of March 19, 2021, in which the Court denied Plaintiff’s motion to set aside the dismissal the Court entered on December 6, 2019.

ANALYSIS

Code of Civil Procedure section 1008 requires a party seeking reconsideration to “state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown” in the current motion.  (Code Civ. Proc., 1008, subd. (b).) The moving party on a motion for reconsideration “must provide not only new evidence but also a satisfactory explanation for the failure to produce that evidence at an earlier time . . . .” (Mink v. Superior Court (1992) 2 Cal.App.4th 1338, 1342, internal quotations and citations omitted.)

Plaintiff contends that Plaintiff initially filed her motion to set aside the dismissal on March 2, 2020, and therefore that her motion was timely. On a motion for reconsideration, a party must present new or different facts, circumstances, or law, which the moving party “could not, with reasonable diligence, have discovered or produced it” in connection with the original hearing. (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 213.) Plaintiff could have presented evidence that she filed the motion to set aside dismissal on March 2, 2020 in connection with the March 19, 2021 hearing. But Plaintiff did not do so and failed in this motion to adequately explain why she failed to do so in. As such, Plaintiff has not set forth a factual or legal basis for reconsideration of the Court’s order of March 19, 2021.

CONCLUSION AND ORDER

Therefore, the Court denies Plaintiff’s motion for reconsideration of the Court’s order of March 19, 2021. Plaintiff is ordered to provide notice of this order and file a proof of service of such.

Case Number: BC608482    Hearing Date: March 19, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

March 19, 2021

CASE NUMBER

BC608482

MOTION

Motion to Set Aside Dismissal

MOVING PARTY

Plaintiff Soufiane Chibane

OPPOSING PARTY

Defendant Artem Avetisyan

MOTION

Plaintiff Soufiane Chibane (“Plaintiff”) moves to set aside the Court’s order of December 6, 2019, in which the Court dismissed Plaintiff’s complaint for failure to appear at trial. Defendant Artem Avetisyan opposes the motion.

ANALYSIS

Per Code of Civil Procedure section 473, subdivision (b), a court may “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.” In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorney’s sworn affidavit attesting to the attorney’s mistake, inadvertence, surprise or neglect “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).)

The party or the legal representative must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473, subd. (b); see Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980 [“because more than six months had elapsed from the entry of default, and hence relief under section 473 was unavailable”]; People v. The North River Ins. Co. (2011) 200 Ca.App.4th 712, 721 [motion for relief under section 473 must be brought “within a reasonable time, in no case exceeding six months”]). “The six-month limit is mandatory; a court has no authority to grant relief under section 473, subdivision (b), unless an application is made within the six-month period.” (Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th 333, 340, citations omitted.)

Here, the Court dismissed Plaintiff’s complaint in its order of December 6, 2019. Plaintiff filed this motion on October 7, 2020, which is ten months and one day after the Court dismissed Plaintiff’s complaint and served notice of the dismissal. Thus, Plaintiff’s request for relief is untimely.

CONCLUSION AND ORDER

Accordingly, the Court denies Plaintiff’s motion to set aside the Order of Dismissal for the reasons stated above. Plaintiff is ordered to provide notice of this Order and file a proof of service of such.

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