On 10/12/2017 CHARLES MESSIAH filed a Personal Injury - Other Personal Injury lawsuit against SAFEWAY INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
DOES 1 TO 20
THE VONS COMPANIES INC. (DOE 1)
THE VONS COMPANIES INC. DOE 1
BLOOM MARK J. ESQ.
BLOOM MARK JAY ASHLEY ESQ.
WESTON WILLIAM S. ATTORNEY AT LAW
GOHARZAD GOLNOUSH ESQ.
4/30/2018: DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF ITS MOTION TO COMPEL PLAINTIFF, CHARLES MESSIAH'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES
6/1/2018: NOTICE TAKING DEFENDANTS INFORMAL DISCOVERY CONFERENCE AND MOTION TO COMPEL OFF CALENDAR
1/7/2019: Stipulation and Order
3/8/2019: Order Granting Attorney"s Motion to Be Relieved as Counsel-Civil
3/11/2019: Proof of Service by Mail
6/3/2019: Notice of Settlement
1/12/2018: ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT
12/14/2017: REQUEST FOR DISMISSAL
12/18/2017: ANSWER TO COMPLAINT
12/18/2017: DEMAND FOR JURY TRIAL AND NOTICE OF ADVANCED DEPOSIT OF JURY FEES (CCP 631 (A)?(C)
12/21/2017: Amended Complaint
12/21/2017: Notice of Change of Address or Other Contact Information
12/12/2017: Amended Complaint
Notice of Settlement; Filed by Safeway Inc. (Defendant); The Vons Companies, Inc. (DOE 1) (Defendant)Read MoreRead Less
at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - StipulationRead MoreRead Less
at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - StipulationRead MoreRead Less
Notice (Notice of Lien); Filed by Charles Messiah (Plaintiff)Read MoreRead Less
Proof of Service by Mail; Filed by Charles Messiah (Plaintiff)Read MoreRead Less
Notice (NOTICE OF RULING REGARDING ATTORNEY?S MOTION TO BE RELIEVED AS COUNSEL); Filed by Charles Messiah (Plaintiff)Read MoreRead Less
at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion to be Relieved as Counsel (as Counsel for Plaintiff Charles Messiah, also known as Messih Shukry) - HeldRead MoreRead Less
Minute Order ( (Hearing on Attorney Mark Bloom with BB Law Group, L.L.P.'s Mo...)); Filed by ClerkRead MoreRead Less
Order Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Mark Jay Ashley Bloom, Esq. (Attorney)Read MoreRead Less
Plaintiff Opposition to Attorneys' Withdrawal; Filed by Charles Messiah (Plaintiff)Read MoreRead Less
ANSWER TO COMPLAINTRead MoreRead Less
Partial Dismissal (w/o Prejudice); Filed by Plaintiff/PetitionerRead MoreRead Less
REQUEST FOR DISMISSALRead MoreRead Less
Defendant's Claim and Order to Go to Small Claims Court (Small Claims)Read MoreRead Less
Amendment to Complaint; Filed by Charles Messiah (Plaintiff)Read MoreRead Less
Proof of Service of Summons and ComplaintRead MoreRead Less
Proof-Service/Summons; Filed by Charles Messiah (Plaintiff)Read MoreRead Less
ComplaintRead MoreRead Less
Complaint; Filed by Charles Messiah (Plaintiff)Read MoreRead Less
Summons; Filed by Charles Messiah (Plaintiff)Read MoreRead Less
Case Number: BC678985 Hearing Date: October 08, 2020 Dept: 29
Messiah v. Safeway BC678985
Plaintiff’s Motion to Vacate and Set Aside the Dismissal Entered in This Case and Order Defendant to Pay the Settlement to Plaintiff Plus Interest at the Legal Rate, alternatively, to Enter a Judgment in the Sum of $40,000 is GRANTED in part and DENIED in part. The dismissal entered on 9/27/2019 is set aside and final status conference and trial dates are set as set forth below. Any party requesting a jury is ordered to post jury fees within 30 days of notice of this order. The motion is denied to the extent that it seeks an order enforcing the purported settlement.
This action arises from a slip and fell incident that occurred on 4/30/17 at a Pavilions Supermarket Store. The first amended complaint alleges that Plaintiff slipped and fell in a puddle of liquid between the deli department and soup station. Plaintiff alleges claims for negligence and premises liability.
By 5/22/19, this matter had been settled on Plaintiff’s behalf by his former counsel, Mark Bloom. At that time, a settlement for $35,000 “was in place.” Opposition, Ex. A. Defendant filed a Notice of Settlement on 6/3/19.
Settlement was not finalized because Plaintiff disputed the amount of counsel’s fees and costs and his medical providers’ liens. Declaration of Mark Bloom, ¶ 7.a-b; Plaintiff’s email of 11/21/19. He refused to sign the settlement agreement. Declaration of Mark Bloom, ¶ 8. Plaintiff refused to pay the medical providers’ liens unless they were “MediCare” rates. Declaration of Mark Bloom, ¶ 7.b.
On 7/29/19, the date of the Final Status Conference, the Court set an OSC re: Dismissal (Settlement) scheduled for 8/29/19. The OSC re: Dismissal was again continued to 9/27/19. The Court’s file reflects that both Defendant and Plaintiff (now in pro per), filed declarations explaining the circumstances, but Plaintiff did not appear at the OSC. Because Plaintiff did not appear at the OSC, the action was dismissed.
Plaintiff filed this motion on 2/25/20 asking the Court to vacate dismissal. A motion for order to vacate dismissal must be filed within a reasonable time, no more than six months of the dismissal and show grounds of mistake, inadvertence, surprise, and excusable neglect. (Code Civ. Proc. § 473(b).)
The motion is timely made less than six months from the dismissal. If there is no prejudice, only slight evidence is needed. Doubts are resolved in favor of the party seeking relief. (Mink v. Superior Court (1992) 2 Cal.App.4th 1338.)
The Court finds that Plaintiff’s failure to appear at the OSC was due to mistake or excusable neglect. It is clear from the papers that the settlement fell through and could not be finalized. Had the Plaintiff appeared, the Court would have concluded that the case had not settled and the Court would have set the case for trial.
While there has been some delay in making this motion, the Court does not find that delay to be prejudicial to the Defendant.
It appears from the Court's review of the record that dismissal was entered in error. Thus, even though Plaintiff did not appear at the OSC or at the hearing of this motion, the Court sets aside the dismissal. The Court sets the following dates:
FSC: October 8, 2021 at 10:00 a.m.
Trial: October 22, 2021 at 8:30 a.m.
All discovery to follow the new trial date.
Plaintiff’s alternative request to enforce settlement is DENIED. The papers make clear that there was no enforceable settlement and, in any event, the requirements of Code of Civil Procedure section 664 have not been complied with.
The judicial assistant is ordered to give notice.
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