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This case was last updated from Los Angeles County Superior Courts on 05/29/2019 at 01:32:26 (UTC).

DAMARIS BENN VS GATEWAY PLAZA LLC ET AL

Case Summary

On 02/21/2017 DAMARIS BENN filed a Personal Injury - Other Personal Injury lawsuit against GATEWAY PLAZA LLC. 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:

    ****1174

  • Filing Date:

    02/21/2017

  • 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

BENN DAMARIS

Defendants and Respondents

GATEWAY PLAZA

DOES 1 TO 100

GATEWAY PLAZA LLC

EL POLLO INKA INC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

NALVANDYAN HARRY

CASSANDRA GIORGIO JR.

 

Court Documents

Minute Order

8/7/2018: Minute Order

Minute Order

8/21/2018: Minute Order

Motion for Order

10/30/2018: Motion for Order

Order

12/3/2018: Order

Minute Order

12/3/2018: Minute Order

Request for Entry of Default / Judgment

4/4/2019: Request for Entry of Default / Judgment

Minute Order

5/22/2019: Minute Order

SUMMONS

2/21/2017: SUMMONS

COMPLAINT FOR DAMAGES FOR: 1.) GENERAL NEGLIGENCE 2.) PREMISES LIABILITY

2/21/2017: COMPLAINT FOR DAMAGES FOR: 1.) GENERAL NEGLIGENCE 2.) PREMISES LIABILITY

PROOF OF SERVICE SUMMONS

6/9/2017: PROOF OF SERVICE SUMMONS

 

Docket Entries

  • 05/22/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 05/22/2019
  • Minute Order ( (Final Status Conference;)); Filed by Clerk

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  • 04/04/2019
  • Request for Entry of Default / Judgment; Filed by Damaris Benn (Plaintiff)

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  • 12/03/2018
  • at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion for Order (for Relief Under C.C.P. Section 473 to Vacate Dismissal) - Held - Motion Granted

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  • 12/03/2018
  • Minute Order ((Hearing on Motion for Order for Relief Under C.C.P. Section 4...)); Filed by Clerk

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  • 12/03/2018
  • Order (Ruling re: Motion for Relief Under CCP 473 to Vacate Dismissal); Filed by Clerk

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  • 10/30/2018
  • Notice of Motion and Motion for Relief Under California Code of Civil Procedure Section 473 to Vacate Dismissal; Filed by Damaris Benn (Plaintiff)

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  • 08/21/2018
  • at 08:30 AM in Department 2; Jury Trial (Jury Trial; Order of Dismissal) -

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  • 08/21/2018
  • Minute order entered: 2018-08-21 00:00:00; Filed by Clerk

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  • 08/21/2018
  • Minute Order

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  • 08/07/2018
  • at 10:00 AM in Department 2; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 08/07/2018
  • Minute Order

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  • 08/07/2018
  • Minute order entered: 2018-08-07 00:00:00; Filed by Clerk

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  • 06/09/2017
  • Proof-Service/Summons; Filed by Damaris Benn (Plaintiff)

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  • 06/09/2017
  • PROOF OF SERVICE SUMMONS

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  • 02/21/2017
  • COMPLAINT FOR DAMAGES FOR: 1.) GENERAL NEGLIGENCE 2.) PREMISES LIABILITY

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  • 02/21/2017
  • Complaint; Filed by Damaris Benn (Plaintiff)

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  • 02/21/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC651174    Hearing Date: October 23, 2020    Dept: 29

Benn v. Gateway Plaza, LLC; El Pollo Inka, Inc.

The unopposed Motion by Defendant El Pollo Inka, Inc. to Vacate Default is GRANTED. The default entered against El Pollo Inka, Inc. on 4/4/19 is vacated. El Pollo Inka, Inc. is ordered to file its answer forthwith.

El Pollo Inka has presented prima facie evidence that it is not the owner of the restaurant where the incident occurred and is not affiliated with the owner and thus has made a preliminary showing that it has a meritorious defense. The court finds that the default was entered as the result of extrinsic mistake of El Pollo Inka’s personnel, and that El Pollo Inka acted with sufficient diligence in seeking to vacate the default. The Court therefore exercises its inherent equitable powers to vacate the default. (Rappleyea v. Campbell (1994) 8 Cal. 4th 975.)

Moving party is ordered to give notice.

NOTE:  PARTIES MUST APPEAR THIS DATE AS A TRIAL SETTING CONFERENCE IS ALSO SET ON CALENDAR FOR THIS DATE. 

In order to comply with social distancing regulations, all parties are strongly encouraged to appear via video or telephonic services offered by the Court, through LACourtConnect.

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