On 07/14/2016 YOLANDA JENKINS filed a Contract - Other Contract lawsuit against PARVIZ PAYGHAMY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.
****7104
07/14/2016
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ELIZABETH ALLEN WHITE
JENKINS YOLANDA
DOES 1 THROUGH 20
PAYGHAMY PARVIZ
LAW OFFICES OF AZUKA L. UZOH
UZOH AZUKA L.
HOVSEPIAN RAYMOND
5/11/2018: DECLARATION OF NOTICE RE: EX-PARTE APPLICATION
5/11/2018: EX PARTE APPLICATION FOR AN ORDER CONTINUING THE TRIAL DATE AND/OR FOR AN ORDER SHORTENING TIME ON A NOTICE MOTION; MEMORANDUM OF POINTS AND AUTHORITITES;DECLARATION OF AZUKA L. UZOH; [PROPOSED] ORDER
8/30/2018: Minute Order
1/28/2019: Ex Parte Application
1/28/2019: Order
5/20/2019: Witness List
5/20/2019: Exhibit List
5/22/2019: Minute Order
5/28/2019: Minute Order
5/28/2019: Minute Order
5/29/2019: Minute Order
7/14/2016: COMPLAINT FOR DAMAGES: 1.BREACH OF CONTRACT; ETC
7/26/2016: Unknown
10/21/2016: PROOF OF SERVICE OF SUMMONS
11/23/2016: Unknown
12/21/2016: CASE MANAGEMENT ORDER
12/21/2016: Unknown
10/20/2017: NOTICE OF RULING RE: EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED TRIAL, DISCOVERY, AND MOTION CUTOFFS
Request (for Court Reporter by Party With Fee Waiver); Filed by Yolanda Jenkins (Plaintiff)
at 09:30 AM in Department 48, Elizabeth Allen White, Presiding; Jury Trial (7-Day Estimate) - Not Held - Continued - Court's Motion
Minute Order ( (Jury Trial 7-Day Estimate)); Filed by Clerk
at 09:30 AM in Department 48, Elizabeth Allen White, Presiding; Jury Trial (7-Day Estimate) - Not Held - Continued - Court's Motion
at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Jury Trial (7-Day Estimate) - Not Held - Clerical Error
Minute Order ( (Jury Trial 7-Day Estimate)); Filed by Clerk
at 09:30 AM in Department 48, Elizabeth Allen White, Presiding; Jury Trial (7-Day Estimate) - Held - Continued
at 2:47 PM in Department 48, Elizabeth Allen White, Presiding; Nunc Pro Tunc Order
Order on Court Fee Waiver (Superior Court); Filed by Clerk
Minute Order ( (Nunc Pro Tunc Order)); Filed by Clerk
Notice of Case Management Conference; Filed by Clerk
NOTICE OF CASE MANAGEMENT CONFERENCE
ORDER ON COURT FEE WAIVER
Request to Waive Court Fees; Filed by Yolanda Jenkins (Plaintiff)
Order on Court Fee Waiver (Superior Court); Filed by Clerk
ORDER ON COURT FEE WAIVER
Order on Court Fee Waiver (Superior Court); Filed by Clerk
Request to Waive Court Fees; Filed by Yolanda Jenkins (Plaintiff)
Complaint; Filed by Yolanda Jenkins (Plaintiff)
COMPLAINT FOR DAMAGES: 1.BREACH OF CONTRACT; ETC
Case Number: BC627104 Hearing Date: November 26, 2019 Dept: 48
MOTION TO SET ASIDE AND VACATE THE ORDER OF DISMISSAL
MOVING PARTY: Plaintiff Yolanda Jenkins
RESPONDING PARTY(S): Defendant Parviz Payghamy
PROOF OF SERVICE:
DENY motion to set aside dismissal of second, third, ninth and eleventh causes of action;
ANALYSIS
Motion To Set Aside and Vacate Order of Dismissal
Plaintiff moves to vacate the July 17, 2019 order dismissing Plaintiff’s second, third, ninth and eleventh causes of action pursuant to the oral request of Plaintiff’s counsel, Azuka L. Uzoh.
Plaintiff’s counsel represents that there may have been a miscommunication between Plaintiff and her counsel regarding authorization to dismiss the above causes of action without prejudice. Declaration of Azuka L. Uzoh.
As for mandatory relief, CCP § 473(b), provides in pertinent part:
. . . Notwithstanding any other requirements of this section, the 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. The court shall, whenever relief is granted based on an attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. However, this section shall not lengthen the time within which an action shall be brought to trial pursuant to Section 583.310.
CCP § 473(b)(bold emphasis added).
Here, the Court finds that the dismissal of Plaintiff’s second, third, ninth and eleventh causes of action was not in fact caused by her counsel’s mistake. Rather, the Court observed the interaction between attorney Uzoh and Plaintiff at the July 17, 2019 trial proceeding. The Court’s recollection is consistent with the recollection of Defendant’s counsel that attorney Uzoh and Plaintiff engaged in a conversation, that Plaintiff was personally present when the causes of action were voluntarily dismissed, and Plaintiff did not voice an objection to the dismissal. Declaration of Frank Whitehead, ¶ 5.
In this regard, the Court finds that the dismissal was not in fact caused by attorney Uzoh’s mistake, inadvertence, surprise or neglect, but rather with Plaintiff’s knowledge and concurrence. Likewise, there is no ground for discretionary relief on the ground of mistake, inadvertence, surprise or excusable neglect on the part of Plaintiff herself.
Accordingly, the motion to vacate the July 17, 2019 order dismissing Plaintiff’s second, third, ninth and eleventh causes of action is DENIED.