This case was last updated from Los Angeles County Superior Courts on 06/14/2019 at 07:39:54 (UTC).

FABIOLA BRAVO VS 99 CENTS ONLY STORES LLC

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1955

  • Filing Date:

    05/18/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

BRAVO FABIOLA

Defendants and Respondents

99 CENTS ONLY STORES LLC

DOES 1 TO 50

DOLLAR 99 CENT BOX DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

VAZIRI LAW GROUP APC

Defendant and Respondent Attorney

DOLAN MICHAEL A. JR. ESQ.

 

Court Documents

Unknown

10/19/2018: Unknown

Amendment to Complaint (Fictitious/Incorrect Name)

11/1/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Service by Substituted Service

11/26/2018: Proof of Service by Substituted Service

Request for Dismissal

2/13/2019: Request for Dismissal

Minute Order

5/28/2019: Minute Order

PROOF OF SERVICE SUMMONS

12/6/2017: PROOF OF SERVICE SUMMONS

ANSWER TO COMPLAINT

1/16/2018: ANSWER TO COMPLAINT

Unknown

1/16/2018: Unknown

SUMMONS

5/18/2017: SUMMONS

UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY 2. NEGLIGENCE

5/18/2017: UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY 2. NEGLIGENCE

 

Docket Entries

  • 05/28/2019
  • at 3:22 PM in Department 5, Stephen I. Goorvitch, Presiding; Court Order

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  • 05/28/2019
  • Minute Order ( (Court Order re: reinstating the case)); Filed by Clerk

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  • 03/19/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 03/07/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 02/13/2019
  • Request for Dismissal; Filed by Fabiola Bravo (Plaintiff)

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  • 11/26/2018
  • Proof of Service by Substituted Service; Filed by Fabiola Bravo (Plaintiff)

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  • 11/19/2018
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 11/01/2018
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 11/01/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by Fabiola Bravo (Plaintiff)

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  • 10/19/2018
  • Stipulation and Order to Continue Trial (non PI); Filed by 99 Cents Only Stores LLC (Defendant)

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1 More Docket Entries
  • 01/16/2018
  • CIVIL DEPOSIT

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  • 01/16/2018
  • Receipt; Filed by 99 Cents Only Stores LLC (Defendant)

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  • 01/16/2018
  • ANSWER TO COMPLAINT

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  • 01/16/2018
  • Answer; Filed by 99 Cents Only Stores LLC (Defendant)

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  • 01/16/2018
  • Receipt; Filed by 99 Cents Only Stores LLC (Defendant)

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  • 12/06/2017
  • Proof-Service/Summons; Filed by Fabiola Bravo (Plaintiff)

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  • 12/06/2017
  • PROOF OF SERVICE SUMMONS

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  • 05/18/2017
  • Complaint; Filed by Fabiola Bravo (Plaintiff)

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  • 05/18/2017
  • UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY 2. NEGLIGENCE

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  • 05/18/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC661955    Hearing Date: January 13, 2020    Dept: 5

Superior Court of California

County of Los Angeles

Department 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