This case was last updated from Los Angeles County Superior Courts on 10/26/2019 at 03:30:47 (UTC).

JOHN SULLIVAN ET AL VS DEJAN ULIC

Case Summary

On 02/22/2018 a Personal Injury - Motor Vehicle case was filed by JOHN SULLIVAN against DEJAN ULIC 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:

    ****5298

  • Filing Date:

    02/22/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

LAURA A. SEIGLE

 

Party Details

Petitioner and Plaintiff

SULLIVAN JOHN

Respondents and Defendants

DOES 1 TO 5

DEJAN ULIC

SULLIVAN TERRI

ULIC DEJAN

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 10/24/2019

10/24/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 10/24/2019

Minute Order - MINUTE ORDER (JURY TRIAL)

10/24/2019: Minute Order - MINUTE ORDER (JURY TRIAL)

Order - Dismissal

10/24/2019: Order - Dismissal

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

10/10/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

7/9/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Notice of Change of Address or Other Contact Information

3/11/2019: Notice of Change of Address or Other Contact Information

ANSWER TO COMPLAINT

8/1/2018: ANSWER TO COMPLAINT

CIVIL DEPOSIT -

8/1/2018: CIVIL DEPOSIT -

SUMMONS -

2/22/2018: SUMMONS -

COMPLAINT FOR TNJVRIES AND DAMAGES

2/22/2018: COMPLAINT FOR TNJVRIES AND DAMAGES

 

Docket Entries

  • 10/24/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Held

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  • 10/24/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 10/24/2019
  • DocketCertificate of Mailing for ((Jury Trial) of 10/24/2019); Filed by Clerk

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  • 10/24/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 10/10/2019
  • Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Held

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  • 10/10/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 08/22/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 08/08/2019
  • Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 07/09/2019
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Dejan Ulic (Defendant)

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  • 03/11/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Dejan Ulic (Defendant)

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  • 09/24/2018
  • DocketMiscellaneous-Other; Filed by Defendant/Respondent

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  • 08/01/2018
  • DocketCIVIL DEPOSIT

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  • 08/01/2018
  • DocketReceipt; Filed by Dejan Ulic (Defendant)

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  • 08/01/2018
  • DocketANSWER TO COMPLAINT

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  • 08/01/2018
  • DocketAnswer; Filed by Dejan Ulic (Defendant)

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  • 02/22/2018
  • DocketCOMPLAINT FOR TNJVRIES AND DAMAGES

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  • 02/22/2018
  • DocketSUMMONS

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  • 02/22/2018
  • DocketComplaint; Filed by John Sullivan (Plaintiff)

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Tentative Rulings

Case Number: BC695298    Hearing Date: December 31, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL

On February 22, 2018, plaintiffs John Sullivan and Terri Sullivan (“Plaintiffs”) filed this action against defendant Dejan Ulic for damages arising from an automobile collision. On October 10, 2019 and October 24, 2019, counsel for both parties failed to appear for the Final Status Conference and Trial. The Court therefore dismissed the case without prejudice on October 24, 2019. Plaintiff’s counsel, Richard Wynn, states that his failure to appear was due to an assumption than an executed stipulation to continue trial had been filed, and that his office had calendared the new stipulated dates for trial and the final status conference. He stated it was unknown why the stipulation was not filed. The Court’s records show that the stipulation was filed but then rejected because parties may not stipulate to a trial continuance of more than six months from the original trial date.

“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 October 24, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for March 4, 2020 in Department 4B and the final status conference is set for February 19, 2020 in Department 4B. All dates are based on the new trial date.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.