This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 03:18:31 (UTC).

DELVIN OBANDO VS JAMES PETER STEWART ET AL

Case Summary

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.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1172

  • Filing Date:

    02/21/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

OBANDO DELVIN

Respondents and Defendants

JIMMY STEWART TRUCKING

DOES 1 TO 50

STEWART JAMES PETER

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KHAKSHOOY BOB B. ESQ.

KHAKSHOOY BOB BABAK ESQ.

 

Court Documents

PLAINTIFF'S COMPLAINT FOR DAMAGES FOR: 1. MOTOR VEHICLE NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENT HIRING, NEGLIGENT RETENTION AND NEGLIGENT TRAINING; AND 2. NEGLIGENCE PER SE.

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.

Unknown

5/23/2019: Unknown

Order - Dismissal

5/23/2019: Order - Dismissal

Minute Order

5/23/2019: Minute Order

Notice of Settlement

5/23/2019: Notice of Settlement

Minute Order

11/9/2018: Minute Order

Minute Order

8/7/2018: Minute Order

 

Docket Entries

  • 05/23/2019
  • DocketNotice of Settlement; Filed by Delvin Obando (Plaintiff)

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  • 05/23/2019
  • DocketMinute Order ( (Order to Show Cause - Settlement - Conditional -)); Filed by Clerk

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  • 05/23/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 05/23/2019
  • DocketCertificate of Mailing for (Minute Order (Order to Show Cause - Settlement - Conditional -) of 05/23/2019); Filed by Clerk

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  • 11/09/2018
  • Docketat 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

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  • 11/09/2018
  • DocketMinute Order ((Order to Show Cause Re: Dismissal For Failure of Plaintiff to...)); Filed by Clerk

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  • 08/21/2018
  • Docketat 08:30 AM in Department 3; Jury Trial - Not Held - Advanced and Vacated

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

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  • 08/07/2018
  • Docketat 10:00 AM in Department 3; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 08/07/2018
  • DocketMinute Order

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

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  • 02/21/2017
  • DocketComplaint; Filed by Delvin Obando (Plaintiff)

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  • 02/21/2017
  • DocketPLAINTIFF'S COMPLAINT FOR DAMAGES FOR: 1. MOTOR VEHICLE NEGLIGENCE, NEGLIGENT ENTRUSTMENT, NEGLIGENT HIRING, NEGLIGENT RETENTION AND NEGLIGENT TRAINING; AND 2. NEGLIGENCE PER SE.

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Tentative Rulings

Case Number: ****1172    Hearing Date: December 26, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

DELVIN OBANDO,

Plaintiff(s),

vs.

JAMES PETER STEWART, et al.,

Defendant(s).

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Case No.: ****1172

[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.



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