On 02/21/2017 DELVIN OBANDO filed a Personal Injury - Motor Vehicle lawsuit against JAMES PETER STEWART. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.
****1172
02/21/2017
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
OBANDO DELVIN
JIMMY STEWART TRUCKING
DOES 1 TO 50
STEWART JAMES PETER
KHAKSHOOY BOB B. ESQ.
KHAKSHOOY BOB BABAK ESQ.
8/7/2018: Minute Order
11/9/2018: Minute Order
5/23/2019: Notice of Settlement
5/23/2019: Minute Order
5/23/2019: Order - Dismissal
5/23/2019: Unknown
2/21/2017: PLAINTIFF'S COMPLAINT FOR DAMAGES FOR: 1. MOTOR VEHICLE NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENT HIRING, NEGLIGENT RETENTION AND NEGLIGENT TRAINING; AND 2. NEGLIGENCE PER SE.
Notice of Settlement; Filed by Delvin Obando (Plaintiff)
Minute Order ( (Order to Show Cause - Settlement - Conditional -)); Filed by Clerk
Order - Dismissal; Filed by Clerk
Certificate of Mailing for (Minute Order (Order to Show Cause - Settlement - Conditional -) of 05/23/2019); Filed by Clerk
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Dismissal (For Failure of Plaintiff to Serve/Prosecute) - Not Held - Taken Off Calendar by Court
Minute Order ((Order to Show Cause Re: Dismissal For Failure of Plaintiff to...)); Filed by Clerk
at 08:30 AM in Department 3; Jury Trial - Not Held - Advanced and Vacated
Minute order entered: 2018-08-21 00:00:00; Filed by Clerk
at 10:00 AM in Department 3; Final Status Conference (Final Status Conference; Off Calendar) -
Minute Order
Minute order entered: 2018-08-07 00:00:00; Filed by Clerk
Complaint; Filed by Delvin Obando (Plaintiff)
PLAINTIFF'S COMPLAINT FOR DAMAGES FOR: 1. MOTOR VEHICLE NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENT HIRING, NEGLIGENT RETENTION AND NEGLIGENT TRAINING; AND 2. NEGLIGENCE PER SE.
Case Number: BC651172 Hearing Date: December 26, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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DELVIN OBANDO, Plaintiff(s), vs. JAMES PETER STEWART, et al., Defendant(s). |
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Case No.: BC651172 [TENTATIVE] ORDER CONDITIONALLY GRANTING MOTION TO VACATE DISMISSAL Dept. 3 1:30 p.m. December 26, 2019 |
Plaintiff, Delvin Obando filed this action against Defendants, James Peter Stewart and Jimmy Stewart Trucking for damages arising out of an automobile accident. Plaintiff filed the complaint on 2/21/17. Plaintiff has not, to date, filed proof of service of the summons and complaint on Defendants. On 8/07/18, the Court called the matter for an FSC. Because Defendants had not been served, the Court set an OSC re: proof of service and trial setting conference for 11/09/18. On 11/09/18, Plaintiff appeared at the OSC and indicated the case had settled. The Court ordered Plaintiff to file a notice of settlement within fifteen days and scheduled an OSC re: dismissal for 5/23/19. On 5/23/19, Plaintiff filed a notice of settlement of the entire case. The same day, the Court held the OSC; because Plaintiff failed to appear, the Court dismissed the case.
At this time, Plaintiff moves to set aside the dismissal. Plaintiff’s attorney declares the failure to appear at the OSC was due to a calendaring error in her office. The motion is conditionally granted. CCP §473(b). The Court will grant the motion if and only if Plaintiff’s attorney appears and explains the status of the settlement, which has been pending since at least 11/09/18, over a year ago. If Counsel does not appear and explain the status of the settlement, the motion will be denied.
The Court also wishes to hear from Counsel concerning the status of service of the action on Defendants; the action has been pending since 2/21/17, two and a half years ago.