This case was last updated from Los Angeles County Superior Courts on 10/05/2019 at 01:58:38 (UTC).

FELIPE CORNEJO VS MONTELEON INC ET AL

Case Summary

On 03/29/2018 a Labor - Other Labor case was filed by FELIPE CORNEJO against MONTELEON INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0231

  • Filing Date:

    03/29/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

DAVID SOTELO

 

Party Details

Plaintiff and Petitioner

CORNEJO FELIPE

Respondents and Defendants

ESCAMIA ZANAIDO

DOES 1 TO 50

MONTELEON INC.

ESCAMILLA ZENAIDO

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL OF ENTIRE CASE) OF 10/02/2019

10/2/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL OF ENTIRE CASE) OF 10/02/2019

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

6/27/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (FINAL STATUS CONFERENCE) OF 06/27/2019

6/27/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (FINAL STATUS CONFERENCE) OF 06/27/2019

Declaration - DECLARATION REGARDING OSC RE:DISMISSAL FOR PARTIES' FAILURE TO APPEAR AT JUNE 27, 2019 FINAL STATUS CONFERENCE

7/10/2019: Declaration - DECLARATION REGARDING OSC RE:DISMISSAL FOR PARTIES' FAILURE TO APPEAR AT JUNE 27, 2019 FINAL STATUS CONFERENCE

Notice of Motion

3/11/2019: Notice of Motion

Amendment to Complaint (Fictitious/Incorrect Name)

5/17/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED; HE...)

5/20/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED; HE...)

SUBSTITUTION OF ATTORNEY -

8/31/2018: SUBSTITUTION OF ATTORNEY -

NOTICE OF RULING

7/5/2018: NOTICE OF RULING

CIVIL DEPOSIT -

7/9/2018: CIVIL DEPOSIT -

MONETLEON INC.S AND ZENAIDO ESCAMIAS ANSWER TO UNVERIFIED COMPLAINT OF FELIPE COMEJO

5/31/2018: MONETLEON INC.S AND ZENAIDO ESCAMIAS ANSWER TO UNVERIFIED COMPLAINT OF FELIPE COMEJO

Minute Order -

6/1/2018: Minute Order -

CASE MANAGEMENT STATEMENT -

6/15/2018: CASE MANAGEMENT STATEMENT -

NOTICE OF ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE

4/17/2018: NOTICE OF ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE

NOTICE OF CASE MANAGEMENT CONFERENCE

4/17/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE OF CASE MANAGEMENT CONFERENCE

4/6/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

ORDER TO SHOW CAUSE HEARING

4/6/2018: ORDER TO SHOW CAUSE HEARING

COMPLAINT FOR DAMAGES

3/29/2018: COMPLAINT FOR DAMAGES

18 More Documents Available

 

Docket Entries

  • 10/02/2019
  • Docketat 08:30 AM in Department 40; Order to Show Cause Re: Dismissal (of entire case) - Held

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  • 10/02/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal of entire case)); Filed by Clerk

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  • 10/02/2019
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal of entire case) of 10/02/2019); Filed by Clerk

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  • 07/10/2019
  • DocketDeclaration (Regarding OSC Re:Dismissal for Parties' Failure to Appear at June 27, 2019 Final Status Conference); Filed by Felipe Cornejo (Plaintiff)

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  • 07/09/2019
  • Docketat 09:30 AM in Department 40; Jury Trial - Not Held - Advanced and Vacated

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  • 06/27/2019
  • Docketat 08:30 AM in Department 40; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 06/27/2019
  • DocketCertificate of Mailing for (Minute Order (Final Status Conference) of 06/27/2019); Filed by Clerk

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  • 06/27/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 05/23/2019
  • Docketat 08:30 AM in Department 40; Status Conference - Not Held - Vacated by Court

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  • 05/20/2019
  • Docketat 08:30 AM in Department 40; Hearing on Motion to Deem Request for Admissions Admitted - Held - Motion Granted

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36 More Docket Entries
  • 04/17/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/17/2018
  • DocketNotice of Case Management Conference; Filed by Felipe Cornejo (Plaintiff)

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  • 04/17/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Felipe Cornejo (Plaintiff)

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  • 04/06/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/06/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 04/06/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/06/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 03/29/2018
  • DocketSUMMONS

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  • 03/29/2018
  • DocketComplaint; Filed by Felipe Cornejo (Plaintiff)

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  • 03/29/2018
  • DocketCOMPLAINT FOR DAMAGES

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Tentative Rulings

Case Number: BC700231    Hearing Date: January 27, 2020    Dept: 40

MOVING PARTY: Plaintiff Felipe Cornejo

OPPOSITION: None

Plaintiff Felipe Cornejo (“Plaintiff”) sues his former employer Defendants Monteleon, Inc. and Zenaido Escamilla (“Defendants”) alleging that they committed various wage and hour violations and failed to provide him with meal and rest breaks.

Plaintiff’s counsel, Allen Feghali (“Counsel”), failed to appear for the June 27, 2019 Final Status Conference (“FSC”). No party appeared for the FSC. The Court set an Order to Show Cause regarding dismissal (“OSC”) on October 2, 2019. No party appeared for the OSC. On October 2, 2019, the Court dismissed the action without prejudice.

On October 15, 2019, Counsel filed the instant motion to set aside/vacate the dismissal. The Court notes that Defendants were formerly represented by an attorney. Currently, Escamilla who is not an attorney is representing himself and the corporation. Escamilla cannot represent the corporation. See CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 (stating that “a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney… [i]t must be represented by licensed counsel in proceedings before courts of record.”) If the instant motion is granted, Plaintiff requests that a trial date be set or that an OSC re: striking the answer be set.

Standard: Courts must vacate dismissals, default entries, and default judgments “whenever (1) an application is made no more than six months after entry of judgment, (2) the application is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, and (3) the attorney’s mistake, inadvertence, surprise or neglect in fact caused the dismissal or entry of default.” (CCP § 473(b); Benedict v. Danner Press (2001) 87 Cal.App.4th 923, 927.)

The motion is timely as it was made within six months of the dismissal. Counsel has provided a declaration that states that he missed the June 2019 FSC because of a calendaring error. Upon being informed of the setting of the OSC, Counsel filed a declaration. Counsel erroneously believed that filing the declaration would discharge the OSC and that his appearance was no longer required.

Accordingly, the motion to set aside the dismissal is GRANTED.