This case was last updated from Los Angeles County Superior Courts on 06/08/2019 at 05:26:18 (UTC).

KHOREN FAJA MOUGHALIAN VS SERGIO BECERRA JR ET AL

Case Summary

On 02/24/2017 KHOREN FAJA MOUGHALIAN filed a Personal Injury - Motor Vehicle lawsuit against SERGIO BECERRA JR. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK and CHRISTOPHER K. LUI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1625

  • Filing Date:

    02/24/2017

  • 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

Presiding Judges

GEORGINA T. RIZK

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

MOUGHALIAN KHOREN FAJA

Defendants and Respondents

DOES 1-25

WEST COAST MATERIALS INC

BECERRA SERGIO. JR

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF NAZARETIAN & BESNILIAN

BESNILIAN GEORGE GARY

Defendant Attorneys

WERBIN ANTHONY WILLIAM

EGAN EUGENE JAMES

 

Court Documents

Minute Order

4/11/2018: Minute Order

NOTICE OF RULING

4/12/2018: NOTICE OF RULING

PROOF OF SERVICE SUMMONS

5/23/2018: PROOF OF SERVICE SUMMONS

NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO FORM INTERROGATORIES, GENERAL, SET ONE, PROPOUNDED ON PLAINTIFF;

9/21/2018: NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO FORM INTERROGATORIES, GENERAL, SET ONE, PROPOUNDED ON PLAINTIFF;

Order

10/23/2018: Order

Notice of Ruling

10/25/2018: Notice of Ruling

Minute Order

11/30/2018: Minute Order

Declaration

1/28/2019: Declaration

Notice of Ruling

1/31/2019: Notice of Ruling

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

2/24/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

ANSWER TO COMPLAINT; DEMAND FOR JURY

4/6/2017: ANSWER TO COMPLAINT; DEMAND FOR JURY

Unknown

4/6/2017: Unknown

SUBSTITUTION OF ATTORNEY

7/17/2017: SUBSTITUTION OF ATTORNEY

NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO FORM INTERROGATORIES, GENERAL, SET ONE, PROPOUNDED ON PLAINTIFF; ETC.

10/12/2017: NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO FORM INTERROGATORIES, GENERAL, SET ONE, PROPOUNDED ON PLAINTIFF; ETC.

NOTICE OF NON-OPPOSITION TO DEFENDANT WEST COAST MATERIALS, INC.'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, GENERAL, SET ONE PROPOUNDED ON PLAINTIFF, ETC

11/28/2017: NOTICE OF NON-OPPOSITION TO DEFENDANT WEST COAST MATERIALS, INC.'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, GENERAL, SET ONE PROPOUNDED ON PLAINTIFF, ETC

NOTICE OF NON-OPPOSITION TO DEFENDANT WEST COAST MATERIALS, INC.'S MOTION TO COMPEL RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE PROPOUNDED ON PLAINTIFF, ETC

11/28/2017: NOTICE OF NON-OPPOSITION TO DEFENDANT WEST COAST MATERIALS, INC.'S MOTION TO COMPEL RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE PROPOUNDED ON PLAINTIFF, ETC

NOTICE OF NON-OPPOSITION TO DEFENDANT WEST COAST MATERIALS, INC.'S MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE PROPOUNDED ON PLAINTIFF, ETC

11/28/2017: NOTICE OF NON-OPPOSITION TO DEFENDANT WEST COAST MATERIALS, INC.'S MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE PROPOUNDED ON PLAINTIFF, ETC

ORDER RE: MOTIONS TO COMPEL DISCOVERY RESPONSES

12/4/2017: ORDER RE: MOTIONS TO COMPEL DISCOVERY RESPONSES

21 More Documents Available

 

Docket Entries

  • 06/03/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 01/31/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion for Order (Imposing Terminating, Issue, Evidentiary and Monetary Sanctions in the Sum of $1,110.00 against Plaintiff for Failure to Obey the Court's Order on October 23, 2018) - Held - Motion Granted

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  • 01/31/2019
  • Notice of Ruling; Filed by Sergio., Jr Becerra (Defendant)

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  • 01/31/2019
  • Minute Order ( (Hearing on Defendant Sergio Becerra's Motion for Order Imposi...)); Filed by Clerk

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  • 01/28/2019
  • Declaration (Declaration of George Gary Besnilian); Filed by Khoren Faja Moughalian (Plaintiff)

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  • 12/21/2018
  • at 08:30 AM in Department 4; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 12/07/2018
  • at 10:00 AM in Department 4; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 11/30/2018
  • at 08:30 AM in Department 4; Ex-Parte Proceedings - Held

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  • 11/30/2018
  • Ex Parte Application (to advance the hearing date for his motion for an order imposing terminating, issue, evidentiary and monetary sanctions in the sum of $1,110 against plaintiff for failure to obey the court's order on October 23,2018, alternatively to continue trial and al); Filed by Sergio., Jr Becerra (Defendant)

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  • 11/30/2018
  • Minute Order ((Defendant Sergio Becerra, Jr.'s Ex-Parte application to advan...)); Filed by Clerk

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53 More Docket Entries
  • 07/17/2017
  • SUBSTITUTION OF ATTORNEY

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  • 07/13/2017
  • NOTICE OF ASSOCIATION OF COUNSEL

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  • 07/13/2017
  • Association of Attorney; Filed by West Coast Materials, Inc (Defendant)

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  • 04/06/2017
  • Answer; Filed by West Coast Materials, Inc (Defendant)

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  • 04/06/2017
  • CIVIL DEPOSIT

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  • 04/06/2017
  • Receipt; Filed by West Coast Materials, Inc (Defendant)

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  • 04/06/2017
  • ANSWER TO COMPLAINT; DEMAND FOR JURY

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  • 02/24/2017
  • SUMMONS

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  • 02/24/2017
  • Complaint; Filed by Khoren Faja Moughalian (Plaintiff)

    Read MoreRead Less
  • 02/24/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC651625    Hearing Date: December 12, 2019    Dept: 4A

Motion for Reconsideration

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On February 24, 2017, Plaintiff Khoren Faja Moughalian (“Plaintiff”) filed a complaint against Defendants Sergio Becerra, Jr. and West Coast Materials, Inc. alleging motor vehicle negligence for an automobile collision that occurred on March 6, 2015.

On September 9, 2019, the Court set aside a January 31, 2019 order imposing terminating sanctions.

On November 4, 2019, Defendant Sergio Becerra, Jr. filed a motion for reconsideration pursuant to California Code of Civil Procedure section 1008.

A trial setting conference is set for December 12, 2019.

PARTY’S REQUESTS

Defendant Sergio Becerra, Jr. (“Moving Defendant”) asks the Court to reconsider its September 6, 2019 ruling on Plaintiff’s motion to set aside because Moving Defendant did not have notice of this hearing.

LEGAL STANDARD

Under California Code of Civil Procedure section 1008, subdivision (a), “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”

As stated by the court in Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1499, California Code of Civil Procedure section 1008 is the exclusive means for modifying, amending or revoking an order. That limitation is expressly jurisdictional.”

California Code of Civil Procedure section 128, subdivision (a) states, “Every court shall have the power to do all of the following: . . . (8) To amend and control its process and orders so as to make them conform to law and justice. . . .

DISCUSSION

On July 30, 2019, Plaintiff filed and served a motion to set aside a January 31, 2019 order imposing terminating sanctions.  (Werbin Decl., ¶ 15, Exh. 6.)  The proof of service attached to that motion states that Moving Defendant was served at 801 S. Figueroa Street, 15th floor, Los Angeles, California 900107.  (Ibid.)  This is an incorrect zip code.  (Werbin Decl., ¶ 14.)  Moving Defendant had not received Plaintiff’s motion to set aside as of the signing of Anthony Werbin’s declaration on October 4, 2019.  (Ibid.)

On September 9, 2019, the Court granted Plaintiff’s motion to set aside the January 31, 2019 order imposing terminating sanctions.  (Werbin Decl., 17, Exh. 7.) to Moving Defendant and other parties.  (Ibid.)  Moving Defendant had not received notice of the September 9, 2019 ruling as of the signing of Anthony Werbin’s declaration on October 4, 2019.  (Werbin Decl., 18.)

Moving Defendant argues that he never received Plaintiff’s verification for the responses to the document requests that was ordered by the Court on October 23, 2018.  (Werbin Decl., 21.)  This is contrary to Plaintiff’s counsel’s declaration that he believed he served the outstanding discovery, which was the basis for the Court’s September 6, 2019 order setting aside the January 31, 2019 order imposing terminating sanctions.

The Court finds there is good cause to vacate the September 9, 2019 order and set a new hearing date for Plaintiff’s motion to set aside that was filed on July 30, 2019.  Moving Defendant did not receive proper notice of the motion to set aside because the wrong address was served.  This fact alone justifies the vacating of the September 9, 2019 order.  Further, there is also no evidence that Plaintiff served the September 9, 2019 ruling on Moving Defendant.  As such, Moving Defendant’s filing of this motion after the 10-day deadline is justified.

The Court notes that Moving Defendant’s evidence showing that it did not receive the outstanding discovery ordered to be served on Moving Defendant does not mandate a denial of the July 30, 2019 motion to set aside.  This is because that motion was based on Plaintiff’s attorney’s declaration of fault in mistakenly believing that counsel served the outstanding discovery responses.  Moving Defendant may nevertheless submit an opposition to the July 30, 2019 motion to set aside due to Moving Defendant’s lack of proper notice of that motion prior to the September 9, 2019 hearing date.

The motion is DENIED.

The September 9, 2019 ruling is VACATED.

A hearing on Plaintiff’s motion to set aside filed on July 30, 2019 is set for January 29, 2020 at 1:30 p.m. in Department 4A of the Spring Street Courthouse.

Moving Defendant may file an opposition and Plaintiff may file a reply pursuant to California Code of Civil Procedure section 1005, subdivision (b) based on the new January 29, 2020 hearing date.

Moving Defendant is ordered to give notice of this ruling.