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This case was last updated from Los Angeles County Superior Courts on 06/22/2019 at 00:25:40 (UTC).

EVODIE CESAR VS YOUNG JA LEE

Case Summary

On 03/10/2017 EVODIE CESAR filed a Personal Injury - Motor Vehicle lawsuit against YOUNG JA LEE. 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:

    ****2949

  • Filing Date:

    03/10/2017

  • 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

CESAR OVODIE

Defendants and Respondents

LEE YOUNG JA

DOES 1 TO 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ONWAEZE OGOCHUKWU VICTOR

ONWAEZE OGOCHUKWU VICTOR ESQ.

Defendant Attorney

SCOFIELD ELYSE K

 

Court Documents

Minute Order

8/24/2018: Minute Order

Minute Order

2/27/2019: Minute Order

Answer

5/15/2019: Answer

SUMMONS

3/10/2017: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

3/10/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

 

Docket Entries

  • 05/15/2019
  • Answer; Filed by Young Ja Lee (Defendant)

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  • 02/27/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Vacated by Court

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  • 02/27/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Trial Setting Conference - Held - Continued

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  • 02/27/2019
  • Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service; Tri...)); Filed by Clerk

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  • 09/10/2018
  • at 08:30 AM in Department 7; Jury Trial - Not Held - Advanced and Vacated

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  • 08/24/2018
  • at 10:00 AM in Department 7; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 08/24/2018
  • Minute Order

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  • 08/24/2018
  • Minute order entered: 2018-08-24 00:00:00; Filed by Clerk

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  • 03/10/2017
  • Complaint; Filed by Ovodie Cesar (Plaintiff)

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  • 03/10/2017
  • SUMMONS

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  • 03/10/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC652949    Hearing Date: August 18, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

EVODIE CESAR,

Plaintiff,

vs.

YOUNG JA LEE,

Defendant.

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.: BC652949

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL 

Dept. 27

8:30 a.m.

August 18, 2020

On March 10, 2017, plaintiff Evodie Cesar filed this action against defendant Young Ja Lee.  On February 20, 2020, the Court dismissed this case for failure to appear at the Final Status Conference and Trial Date.  Plaintiff’s counsel submits a declaration stating his failure to appear was due to an understanding with opposing counsel that trial had been continued via stipulation.  

“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.)

This 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 February 20, 2020 dismissal is GRANTED and the action is reinstated.  Trial is set for September 1, 2021 in Department 27 and the final status conference is set for August 18, 2021 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 18th day of August 2020

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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