This case was last updated from Los Angeles County Superior Courts on 07/17/2021 at 01:26:19 (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, CHRISTOPHER K. LUI and KRISTIN S. ESCALANTE. 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

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

CHRISTOPHER K. LUI

KRISTIN S. ESCALANTE

 

Party Details

Petitioner and Plaintiff

MOUGHALIAN KHOREN FAJA

Defendants and Respondents

DOES 1-25

WEST COAST MATERIALS INC

BECERRA SERGIO. JR

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

LAW OFFICES OF NAZARETIAN & BESNILIAN

BESNILIAN GEORGE GARY

Defendant Attorneys

WERBIN ANTHONY WILLIAM

EGAN EUGENE JAMES

 

Court Documents

Motion to Set Aside/Vacate Dismissal

7/30/2019: Motion to Set Aside/Vacate Dismissal

Minute Order - MINUTE ORDER (PLAINTIFF'S MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))

9/6/2019: Minute Order - MINUTE ORDER (PLAINTIFF'S MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 10/23/2019

10/23/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 10/23/2019

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

10/23/2019: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Motion for Reconsideration

11/4/2019: Motion for Reconsideration

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

12/5/2019: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Notice of Ruling

12/6/2019: Notice of Ruling

Minute Order - MINUTE ORDER (DEFENDANT SERGIO BECESRRA, JR.'S MOTION FOR RECONSIDERATION; ...)

12/12/2019: Minute Order - MINUTE ORDER (DEFENDANT SERGIO BECESRRA, JR.'S MOTION FOR RECONSIDERATION; ...)

Notice - NOTICE DEFENDANT SERGIO BECERRA, JR.S NOTICE OF NON-RECEIPT OF OPPOSITION TO MOTION FOR RECONSIDERATION

12/12/2019: Notice - NOTICE DEFENDANT SERGIO BECERRA, JR.S NOTICE OF NON-RECEIPT OF OPPOSITION TO MOTION FOR RECONSIDERATION

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

12/18/2019: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 12/18/2019

12/18/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 12/18/2019

Notice of Ruling

12/20/2019: Notice of Ruling

DEFENDANT WEST COAST MATERIALS, INC.'S NOTICE OF MOTION AND MOTION FOR AN ORDER IMPOSING TERMINATING, ISSUE, EVIDENTIARY AND MONETARY SANCTIONS IN THE SUM OF $1,110 AGAINST PLAINTIFF FOR FAILURE TO OB

2/7/2018: DEFENDANT WEST COAST MATERIALS, INC.'S NOTICE OF MOTION AND MOTION FOR AN ORDER IMPOSING TERMINATING, ISSUE, EVIDENTIARY AND MONETARY SANCTIONS IN THE SUM OF $1,110 AGAINST PLAINTIFF FOR FAILURE TO OB

MOTION FOR AN ORDER IMPOSING TERMINATING, ISSUE, EVIDENTIARY AND MONETARY SANCTIONS

4/11/2018: MOTION FOR AN ORDER IMPOSING TERMINATING, ISSUE, EVIDENTIARY AND MONETARY SANCTIONS

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 -

ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

8/8/2018: ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

33 More Documents Available

 

Docket Entries

  • 02/24/2020
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by Court

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  • 12/20/2019
  • DocketNotice of Ruling; Filed by Sergio., Jr Becerra (Defendant)

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  • 12/18/2019
  • Docketat 08:02 AM in Department 4A, Christopher K. Lui, Presiding; Ruling on Submitted Matter

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  • 12/18/2019
  • DocketCertificate of Mailing for ((Ruling on Submitted Matter) of 12/18/2019); Filed by Clerk

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  • 12/18/2019
  • DocketMinute Order ( (Ruling on Submitted Matter)); Filed by Clerk

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  • 12/12/2019
  • Docketat 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion for Reconsideration - Held - Taken under Submission

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  • 12/12/2019
  • Docketat 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Trial Setting Conference - Not Held - Taken Off Calendar by Court

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  • 12/12/2019
  • DocketNotice (DEFENDANT SERGIO BECERRA, JR.?S NOTICE OF NON-RECEIPT OF OPPOSITION TO MOTION FOR RECONSIDERATION); Filed by Sergio., Jr Becerra (Defendant)

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  • 12/12/2019
  • DocketMinute Order ( (Defendant Sergio Becesrra, Jr.'s Motion for Reconsideration; ...)); Filed by Clerk

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  • 12/06/2019
  • DocketNotice of Ruling; Filed by Sergio., Jr Becerra (Defendant)

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73 More Docket Entries
  • 07/17/2017
  • DocketSUBSTITUTION OF ATTORNEY

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

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

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

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  • 04/06/2017
  • DocketCIVIL DEPOSIT

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

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

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  • 02/24/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/24/2017
  • DocketSUMMONS

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

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Tentative Rulings

Case Number: ****1625    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.



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