This case was last updated from Los Angeles County Superior Courts on 07/20/2019 at 01:41:42 (UTC).

GILBERT OCHOA ET AL VS STEVEN BARRON ET AL

Case Summary

On 01/02/2018 a Personal Injury - Other Personal Injury case was filed by GILBERT OCHOA against STEVEN BARRON 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:

    ****8732

  • Filing Date:

    01/02/2018

  • 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

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs and Petitioners

OCHOA MARIA

OCHOA GILBERT

Respondents and Defendants

BARRON STEVEN

DOES 1 TO 100

COX GREGORY

JORDAN LORRIE

 

Court Documents

Minute Order

6/18/2019: Minute Order

Order - Dismissal

6/18/2019: Order - Dismissal

PROOF OF SERVICE OF PLAINTIFFS' STATEMENT OF DAMAGES ON GREGORY COX

5/15/2018: PROOF OF SERVICE OF PLAINTIFFS' STATEMENT OF DAMAGES ON GREGORY COX

PROOF OF SERVICE OF PLAINTIFFS' STATEMENT OF DAMAGES ON LORRIE JORDAN

5/15/2018: PROOF OF SERVICE OF PLAINTIFFS' STATEMENT OF DAMAGES ON LORRIE JORDAN

REQUEST FOR ENTRY OF DEFAULT

6/5/2018: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

7/18/2018: REQUEST FOR ENTRY OF DEFAULT

PROOF OF SERVICE SUMMONS

1/9/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

1/12/2018: PROOF OF SERVICE SUMMONS

SUMMONS

1/2/2018: SUMMONS

COMPLAINT FOR WRONGFUL DEATH

1/2/2018: COMPLAINT FOR WRONGFUL DEATH

 

Docket Entries

  • 07/02/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 06/18/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 06/18/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 06/18/2019
  • Order - Dismissal; Filed by Court

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  • 07/18/2018
  • REQUEST FOR ENTRY OF DEFAULT

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  • 07/18/2018
  • Default Entered; Filed by Plaintiff/Petitioner

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  • 06/05/2018
  • Request for Entry of Default / Judgment; Filed by Plaintiff/Petitioner

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  • 06/05/2018
  • REQUEST FOR ENTRY OF DEFAULT

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  • 05/15/2018
  • Proof of Service (not Summons and Complaint); Filed by Gilbert Ochoa (Plaintiff); Maria Ochoa (Plaintiff)

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  • 05/15/2018
  • Proof of Service (not Summons and Complaint); Filed by Gilbert Ochoa (Plaintiff); Maria Ochoa (Plaintiff)

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  • 05/15/2018
  • PROOF OF SERVICE OF PLAINTIFFS' STATEMENT OF DAMAGES ON GREGORY COX

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  • 05/15/2018
  • PROOF OF SERVICE OF PLAINTIFFS' STATEMENT OF DAMAGES ON LORRIE JORDAN

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  • 01/12/2018
  • Proof-Service/Summons; Filed by Gilbert Ochoa (Plaintiff)

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  • 01/12/2018
  • PROOF OF SERVICE SUMMONS

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  • 01/09/2018
  • PROOF OF SERVICE SUMMONS

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  • 01/09/2018
  • Proof-Service/Summons; Filed by Gilbert Ochoa (Plaintiff)

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  • 01/02/2018
  • Complaint; Filed by Gilbert Ochoa (Plaintiff); Maria Ochoa (Plaintiff)

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  • 01/02/2018
  • COMPLAINT FOR WRONGFUL DEATH

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  • 01/02/2018
  • SUMMONS

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Tentative Rulings

Case Number: BC688732    Hearing Date: January 29, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

gilbert Ochoa, et al.,

Plaintiffs,

v.

Steven Barron, et al.,

Defendants.

Case No.: BC688732

Hearing Date: January 29, 2020

[TENTATIVE] order RE:

plaintiffs’ motion to set aside dismissal

Plaintiffs Gilbert Ochoa and Maria Ochoa (“Plaintiffs”) move to set aside the Court’s order of November 20, 2019, in which the Court dismissed this action for failure to appear at the order to show cause why this case should not be dismissed for failure to enter default judgment. 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, Plaintiffs have advanced a declaration from their counsel, Ronald H. Chew (“Counsel”). Counsel states that he failed to calendar the order to show case, and as a result, failed to appear. The Court concludes that its order of November 20, 2019 was the result of Counsel’s inadvertence.

CONCLUSION AND ORDER

Plaintiffs’ motion to set aside dismissal is granted. The court sets the following dates:

Final Status Conference: January 14, 2021, at 10:00 a.m.

Trial: January 28, 2021, at 8:30 a.m.

The discovery and motions cut-off shall be based on the new trial date. Notice is not required.

DATED: January 29, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court