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.
****4896
11/28/2017
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
GERASIMOVA KSENIA
MARSHALL ROBERT CLARENCE
DOES 1 TO 25
HAYDN LILI
LILI HAYDN TRUST
SMITH MARK L.
YAGHOUBTIL FARID
8/29/2019: Certificate of Mailing for
8/29/2019: Order - Dismissal
8/29/2019: Minute Order
7/23/2019: Notice of Change of Address or Other Contact Information
5/14/2019: Minute Order
2/8/2018: PROOF OF SERVICE SUMMONS
1/31/2018: NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL
2/9/2018: PROOF OF SERVICE OF SUMMONS
3/20/2018: REQUEST FOR DISMISSAL
11/28/2017: SUMMONS
11/28/2017: COMPLAINT FOR DAMAGES 1. ASSAULT AND BATTERY ;ETC
Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (for failure to file Default Judgment) - Held
DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal for failure to file Default...) of 08/29/2019); Filed by Clerk
DocketOrder - Dismissal; Filed by Clerk
DocketMinute Order ( (Order to Show Cause Re: Dismissal for failure to file Default...)); Filed by Clerk
DocketNotice of Change of Address or Other Contact Information; Filed by Ksenia Gerasimova (Plaintiff)
Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Advanced and Vacated
Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court
DocketMinute Order ( (Final Status Conference)); Filed by Clerk
DocketPartial Dismissal (w/o Prejudice); Filed by Plaintiff/Petitioner
DocketREQUEST FOR DISMISSAL
DocketProof-Service/Summons; Filed by Ksenia Gerasimova (Plaintiff)
DocketPROOF OF SERVICE OF SUMMONS
DocketProof-Service/Summons; Filed by Ksenia Gerasimova (Plaintiff)
DocketPROOF OF SERVICE SUMMONS
DocketNOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL
DocketNotice and Acknowledgment of Receipt; Filed by Ksenia Gerasimova (Plaintiff)
DocketComplaint; Filed by Ksenia Gerasimova (Plaintiff)
DocketSUMMONS
DocketCOMPLAINT FOR DAMAGES 1. ASSAULT AND BATTERY ;ETC
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.