On 05/18/2017 FABIOLA BRAVO filed a Personal Injury - Other Personal Injury lawsuit against 99 CENTS ONLY STORES 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 STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.
****1955
05/18/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
BRAVO FABIOLA
99 CENTS ONLY STORES LLC
DOES 1 TO 50
DOLLAR 99 CENT BOX DOE 1
VAZIRI LAW GROUP APC
DOLAN MICHAEL A. JR. ESQ.
10/19/2018: Unknown
11/1/2018: Amendment to Complaint (Fictitious/Incorrect Name)
11/26/2018: Proof of Service by Substituted Service
2/13/2019: Request for Dismissal
5/28/2019: Minute Order
12/6/2017: PROOF OF SERVICE SUMMONS
1/16/2018: ANSWER TO COMPLAINT
1/16/2018: Unknown
5/18/2017: SUMMONS
5/18/2017: UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY 2. NEGLIGENCE
at 3:22 PM in Department 5, Stephen I. Goorvitch, Presiding; Court Order
Minute Order ( (Court Order re: reinstating the case)); Filed by Clerk
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court
at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court
Request for Dismissal; Filed by Fabiola Bravo (Plaintiff)
Proof of Service by Substituted Service; Filed by Fabiola Bravo (Plaintiff)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation
at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Stipulation
Amendment to Complaint (Fictitious/Incorrect Name); Filed by Fabiola Bravo (Plaintiff)
Stipulation and Order to Continue Trial (non PI); Filed by 99 Cents Only Stores LLC (Defendant)
CIVIL DEPOSIT
Receipt; Filed by 99 Cents Only Stores LLC (Defendant)
ANSWER TO COMPLAINT
Answer; Filed by 99 Cents Only Stores LLC (Defendant)
Receipt; Filed by 99 Cents Only Stores LLC (Defendant)
Proof-Service/Summons; Filed by Fabiola Bravo (Plaintiff)
PROOF OF SERVICE SUMMONS
Complaint; Filed by Fabiola Bravo (Plaintiff)
UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY 2. NEGLIGENCE
SUMMONS
Case Number: BC661955 Hearing Date: January 13, 2020 Dept: 5
|
fabiola bravo, Plaintiff, v.
99 cents only stores, llc, Defendant. |
Case No.: BC661955
Hearing Date: January 13, 2020
[TENTATIVE] order RE: plaintiff’s motion to set aside dismissal |
Plaintiff Fabiola Bravo (“Plaintiff”) moves to set aside the Court’s order dismissing this case. The Court had set an Order to Show Cause re: Dismissal for June 27, 2019, at which Plaintiff’s counsel did not appear. Therefore, the Court (Seigle, J.) dismissed this case.
Per Code of Civil Procedure, section 473, subdivision (b), a court may “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.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) “[W]hen relief under section 473 is available, there is a strong public policy in favor of granting relief and allowing the requesting party his or her day in court.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981-982, internal quotations omitted.)
Here, Plaintiff has proffered a declaration from her counsel, Mark J. Giannamore (“Counsel”). Counsel states that he attempted to file a request for entry of default against Defendant on Friday, June 21, 2019, but the Clerk’s Office did not process the request before the OSC hearing on Thursday, June 27, 2019.
The Court is concerned by Plaintiff’s counsel approach. First, he waited until four court days before OSC to file the request. Second, when the request was not processed, he failed to appear at the OSC hearing. Finally, the Court is concerned that Plaintiff’s counsel filed a motion with handwritten changes rather than typing the changes and filing a proper motion. Nevertheless, the Court grants the motion, which is unopposed.
CONCLUSION AND ORDER
The Court grants Plaintiff’s motion to set aside the dismissal. The Court sets an Order to Show Cause re: Entry of Default for March 13, 2020, at 8:30 a.m. Plaintiff shall provide notice and file proof of such with the Court.
DATED: January 13, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court