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This case was last updated from Los Angeles County Superior Courts on 06/09/2019 at 01:31:04 (UTC).

CHARLES MESSIAH VS SAFEWAY INC

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8985

  • Filing Date:

    10/12/2017

  • 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

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

MESSIAH CHARLES

Defendants and Respondents

DOES 1 TO 20

SAFEWAY INC.

THE VONS COMPANIES INC. (DOE 1)

THE VONS COMPANIES INC. DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BLOOM MARK J. ESQ.

BLOOM MARK JAY ASHLEY ESQ.

Defendant and Respondent Attorneys

WESTON WILLIAM S. ATTORNEY AT LAW

GOHARZAD GOLNOUSH ESQ.

 

Court Documents

DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF ITS MOTION TO COMPEL PLAINTIFF, CHARLES MESSIAH'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES

4/30/2018: DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF ITS MOTION TO COMPEL PLAINTIFF, CHARLES MESSIAH'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES

NOTICE TAKING DEFENDANTS INFORMAL DISCOVERY CONFERENCE AND MOTION TO COMPEL OFF CALENDAR

6/1/2018: NOTICE TAKING DEFENDANTS INFORMAL DISCOVERY CONFERENCE AND MOTION TO COMPEL OFF CALENDAR

Stipulation and Order

1/7/2019: Stipulation and Order

Order Granting Attorney"s Motion to Be Relieved as Counsel-Civil

3/8/2019: Order Granting Attorney"s Motion to Be Relieved as Counsel-Civil

Notice

3/11/2019: Notice

Notice

3/11/2019: Notice

Proof of Service by Mail

3/11/2019: Proof of Service by Mail

Notice of Settlement

6/3/2019: Notice of Settlement

ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

1/12/2018: ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

REQUEST FOR DISMISSAL

12/14/2017: REQUEST FOR DISMISSAL

ANSWER TO COMPLAINT

12/18/2017: ANSWER TO COMPLAINT

DEMAND FOR JURY TRIAL AND NOTICE OF ADVANCED DEPOSIT OF JURY FEES (CCP 631 (A)?(C)

12/18/2017: DEMAND FOR JURY TRIAL AND NOTICE OF ADVANCED DEPOSIT OF JURY FEES (CCP 631 (A)?(C)

Amended Complaint

12/21/2017: Amended Complaint

Notice of Change of Address or Other Contact Information

12/21/2017: Notice of Change of Address or Other Contact Information

Amended Complaint

12/12/2017: Amended Complaint

CoverSheet

10/12/2017: CoverSheet

Summons

10/12/2017: Summons

Complaint

10/12/2017: Complaint

14 More Documents Available

 

Docket Entries

  • 06/03/2019
  • Notice of Settlement; Filed by Safeway Inc. (Defendant); The Vons Companies, Inc. (DOE 1) (Defendant)

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  • 04/12/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/28/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 03/11/2019
  • Notice (Notice of Lien); Filed by Charles Messiah (Plaintiff)

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  • 03/11/2019
  • Proof of Service by Mail; Filed by Charles Messiah (Plaintiff)

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  • 03/11/2019
  • Notice (NOTICE OF RULING REGARDING ATTORNEY?S MOTION TO BE RELIEVED AS COUNSEL); Filed by Charles Messiah (Plaintiff)

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  • 03/08/2019
  • 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) - Held

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  • 03/08/2019
  • Minute Order ( (Hearing on Attorney Mark Bloom with BB Law Group, L.L.P.'s Mo...)); Filed by Clerk

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  • 03/08/2019
  • Order Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Mark Jay Ashley Bloom, Esq. (Attorney)

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  • 03/04/2019
  • Plaintiff Opposition to Attorneys' Withdrawal; Filed by Charles Messiah (Plaintiff)

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22 More Docket Entries
  • 12/18/2017
  • ANSWER TO COMPLAINT

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  • 12/14/2017
  • Partial Dismissal (w/o Prejudice); Filed by Plaintiff/Petitioner

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  • 12/14/2017
  • REQUEST FOR DISMISSAL

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  • 12/12/2017
  • Defendant's Claim and Order to Go to Small Claims Court (Small Claims)

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  • 12/12/2017
  • Amendment to Complaint; Filed by Charles Messiah (Plaintiff)

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  • 11/01/2017
  • Proof of Service of Summons and Complaint

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  • 11/01/2017
  • Proof-Service/Summons; Filed by Charles Messiah (Plaintiff)

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  • 10/12/2017
  • Complaint

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  • 10/12/2017
  • Complaint; Filed by Charles Messiah (Plaintiff)

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  • 10/12/2017
  • Summons; Filed by Charles Messiah (Plaintiff)

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Tentative Rulings

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.

DISCUSSION

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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