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This case was last updated from Los Angeles County Superior Courts on 06/20/2019 at 02:31:18 (UTC).

CHAYE LEVITANSKY VS TUAN THANH NGUYEN ET AL

Case Summary

On 10/24/2017 CHAYE LEVITANSKY filed a Personal Injury - Motor Vehicle lawsuit against TUAN THANH NGUYEN. 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:

    ****1191

  • Filing Date:

    10/24/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • 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

LEVITANSKY CHAYE

Defendants and Respondents

DOES 1 THROUGH 100

NGUYEN TUAN THANH

BA NGUYEN NAM

THI DANG SALLY HANG

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

WOLFSON STEVEN ESQ.

 

Court Documents

Minute Order

4/9/2019: Minute Order

PROOF OF SERVICE OF SUMMONS

8/23/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

8/23/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

8/23/2018: PROOF OF SERVICE OF SUMMONS

 

Docket Entries

  • 04/24/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 04/09/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 04/09/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 08/23/2018
  • Proof-Service/Summons; Filed by Chaye Levitansky (Plaintiff)

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  • 08/23/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 08/23/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 08/23/2018
  • Proof-Service/Summons; Filed by Chaye Levitansky (Plaintiff)

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  • 08/23/2018
  • Proof-Service/Summons; Filed by Chaye Levitansky (Plaintiff)

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  • 08/23/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 10/24/2017
  • Complaint; Filed by Chaye Levitansky (Plaintiff)

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  • 10/24/2017
  • Complaint

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  • 10/24/2017
  • Summons; Filed by Chaye Levitansky (Plaintiff)

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Tentative Rulings

Case Number: BC681191    Hearing Date: November 25, 2020    Dept: 27

CHAYE LEVITANSKY, Plaintiff, vs. TUAN THANH NGUYEN, SALLY HANG THI DANG, NGUYEN NAM BA, DOES 1 through 100, Inclusive, Defendants. Dept. 27 1:30 p.m. November 25, 2020

On October 24, 2017, Plaintiff Chaye Levitansky filed this action against Defendants Tuan Thanh Nguyen, Sally Hang Thi Dang, and Nguyen Nam Ba. On October 23, 2019, the Court issued an order dismissing the action pursuant to Plaintiff’s failure to appear at an Order to Show Cause re: Dismissal for Failure to Enter Default and lack of prosecution. Plaintiff moves to set aside the October 23, 2019 dismissal on the grounds of attorney neglect. The Motion was filed on April 15, 2020.

“The court may, upon any terms as may be just, 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.” (Code Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Ibid.) “[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.” (Ibid.)

1This 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 23, 2019 dismissal is GRANTED and the action is reinstated. An OSC re: Dismissal for Failure to Enter Default is set for February 24, 2021 at 8:30 a.m. in Department 27.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

Dated this 25th day of November 2020

Hon. Edward B. Moreton, Jr. Judge of the Superior Court

Case Number: BC681191    Hearing Date: October 29, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

CHAYE LEVITANSKY,¿¿

Plaintiff,¿

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TUAN THANH NGUYEN, et al.,¿

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Defendants.¿

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.: BC681191

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE AND VACATE DISMISSAL

Dept. 27

1:30 p.m.

October 29, 2020

On October 23, 2017, plaintiff Chaye Levitansky filed this action against defendants Tuan Thanh Nguyen, Sally Hang Thi Dang, and Nguyen Nam Ba arising from an automobile accident.  

This Motion to set aside dismissal was filed on April 15, 2020.   On June 12, 2020, the Court issued a minute order setting the hearing for September 29, 2020 and ordered the moving party to give notice.  No amended notice of hearing was on file and there was no indication that notice was givenThe hearing was continued to October 29, 2020 at 1:30 p.m. in Department 27 so that Plaintiff could provide notice as ordered.   However, an amended notice of hearing was not filed or served until October 27, 2020, which is an inadequate amount of time for service according to Code of Civil Procedure section 1005.

The hearing is continued to November 25, 2020 at 1:30 p.m. in Department 27.  If adequate notice of the continued hearing is not provided to Defendant, the Motion will be heard and denied for failure to give sufficient notice

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 29th day of October 2020

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court

Case Number: BC681191    Hearing Date: September 29, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

CHAYE LEVITANSKY,¿¿

Plaintiff,¿

vs.¿

¿

TUAN THANH NGUYEN, et al.,¿

¿

Defendants.¿

)

)

)

)

)

)

)

)

)

)

)

.: BC681191

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE AND VACATE DISMISSAL

Dept. 27

1:30 p.m.

September 29, 2020

On October 23, 2017, plaintiff Chaye Levitansky filed this action against defendants Tuan Thanh Nguyen, Sally Hang Thi Dang, and Nguyen Nam Ba arising from an automobile accident.  

This Motion to set aside dismissal was filed on April 15, 2020.   On June 12, 2020, the Court issued a minute order setting the hearing for September 29, 2020 and ordered the moving party to give notice.  However, no amended notice of hearing is on file and there is no indication that notice was given.  Accordingly, this hearing is continued to October 29, 2020 at 1:30 p.m. in Department 27 so that Plaintiff may provide notice as ordered.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 29th day of September 2020

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court