This case was last updated from Los Angeles County Superior Courts on 08/31/2019 at 00:03:07 (UTC).

KSENIA GERASIMOVA VS ROBERT CLARENCE MASHALL ET AL

Case Summary

On 11/28/2017 KSENIA GERASIMOVA filed a Personal Injury - Other Personal Injury lawsuit against ROBERT CLARENCE MASHALL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4896

  • Filing Date:

    11/28/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

GERASIMOVA KSENIA

Defendants and Respondents

MARSHALL ROBERT CLARENCE

DOES 1 TO 25

HAYDN LILI

LILI HAYDN TRUST

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SMITH MARK L.

YAGHOUBTIL FARID

 

Court Documents

Certificate of Mailing for

8/29/2019: Certificate of Mailing for

Order - Dismissal

8/29/2019: Order - Dismissal

Minute Order

8/29/2019: Minute Order

Notice of Change of Address or Other Contact Information

7/23/2019: Notice of Change of Address or Other Contact Information

Minute Order

5/14/2019: Minute Order

PROOF OF SERVICE SUMMONS

2/8/2018: PROOF OF SERVICE SUMMONS

NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL

1/31/2018: NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL

PROOF OF SERVICE OF SUMMONS

2/9/2018: PROOF OF SERVICE OF SUMMONS

REQUEST FOR DISMISSAL

3/20/2018: REQUEST FOR DISMISSAL

SUMMONS

11/28/2017: SUMMONS

COMPLAINT FOR DAMAGES 1. ASSAULT AND BATTERY ;ETC

11/28/2017: COMPLAINT FOR DAMAGES 1. ASSAULT AND BATTERY ;ETC

 

Docket Entries

  • 08/29/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (for failure to file Default Judgment) - Held

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  • 08/29/2019
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal for failure to file Default...) of 08/29/2019); Filed by Clerk

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  • 08/29/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 08/29/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal for failure to file Default...)); Filed by Clerk

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  • 07/23/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Ksenia Gerasimova (Plaintiff)

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  • 05/28/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 05/14/2019
  • Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 05/14/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 03/20/2018
  • DocketPartial Dismissal (w/o Prejudice); Filed by Plaintiff/Petitioner

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  • 03/20/2018
  • DocketREQUEST FOR DISMISSAL

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  • 02/09/2018
  • DocketProof-Service/Summons; Filed by Ksenia Gerasimova (Plaintiff)

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  • 02/09/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 02/08/2018
  • DocketProof-Service/Summons; Filed by Ksenia Gerasimova (Plaintiff)

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  • 02/08/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/31/2018
  • DocketNOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL

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  • 01/31/2018
  • DocketNotice and Acknowledgment of Receipt; Filed by Ksenia Gerasimova (Plaintiff)

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  • 11/28/2017
  • DocketComplaint; Filed by Ksenia Gerasimova (Plaintiff)

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  • 11/28/2017
  • DocketSUMMONS

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  • 11/28/2017
  • DocketCOMPLAINT FOR DAMAGES 1. ASSAULT AND BATTERY ;ETC

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Tentative Rulings

Case Number: BC684896    Hearing Date: November 15, 2019    Dept: 4B

[TENTATIVE] ORDER RE: NOTICE OF MOTION TO VACATE DISMISSAL

On November 28, 2017, plaintiff Ksenia Gerasimova (“Plaintiff”) filed this action against defendants Robert Clarence Marshall, Lili Haydn, Lili Haydn Trust for assault and battery, intentional infliction of emotional distress, and negligence. Later Plaintiff dismissed Lili Hayden and Lili Haydn Trust. At the Final Status Conference on May 14, 2019, Plaintiff’s counsel stated Plaintiff was obtaining a default against a defendant. Accordingly, the Court set an OSC re dismissal for failure to file a default judgment for August 29, 2019. Plaintiff’s counsel failed to appear at the August 29, 2019 hearing and did not obtain a default or submit a default judgment package. The Court dismissed the action.

“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.)

Plaintiff’s counsel states he incorrectly calendared the August 29, 2019 date. However, Plaintiff did not file a proof of service showing serve of the motion on defendant Marshall, who appears to be the remaining defendant in this case. Therefore, the motion is DENIED.

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 as directed by the instructions provided on the court website at www.lacourt.org. The Court will be dark on November 15, 2019. A party requesting argument should contact Department 4B for an alternate hearing date.