DELVIN OBANDO VS JAMES PETER STEWART ET AL
Case Summary
Case Details
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Case Number:
****1172
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Filing Date:
02/21/2017
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Case Status:
Disposed - Dismissed
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Case Type:
Personal Injury - Motor Vehicle
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Courthouse:
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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
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.
5/23/2019: Unknown
5/23/2019: Order - Dismissal
5/23/2019: Minute Order
5/23/2019: Notice of Settlement
11/9/2018: Minute Order
8/7/2018: Minute Order
Docket Entries
- 05/23/2019
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DocketNotice of Settlement; Filed by Delvin Obando (Plaintiff)
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- 05/23/2019
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DocketMinute Order ( (Order to Show Cause - Settlement - Conditional -)); Filed by Clerk
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- 05/23/2019
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DocketOrder - Dismissal; Filed by Clerk
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- 05/23/2019
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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
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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
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DocketMinute Order ((Order to Show Cause Re: Dismissal For Failure of Plaintiff to...)); Filed by Clerk
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- 08/21/2018
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Docketat 08:30 AM in Department 3; Jury Trial - Not Held - Advanced and Vacated
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- 08/21/2018
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DocketMinute order entered: 2018-08-21 00:00:00; Filed by Clerk
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- 08/07/2018
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Docketat 10:00 AM in Department 3; Final Status Conference (Final Status Conference; Off Calendar) -
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- 08/07/2018
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DocketMinute Order
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- 08/07/2018
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DocketMinute order entered: 2018-08-07 00:00:00; Filed by Clerk
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- 02/21/2017
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DocketComplaint; Filed by Delvin Obando (Plaintiff)
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- 02/21/2017
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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). | ) ) ) ) ) ) ) ) ) ) | 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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