On 07/13/2017 LANCE KRIEGER filed a Personal Injury - Motor Vehicle lawsuit against VICTORIA HOVSEPIAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
DOES 1 TO 20
KAMRAN M.H. TONY ESQ.
12/27/2018: Minute Order
7/13/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
at 08:30 AM in Department 5; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
at 10:00 AM in Department 5; Final Status Conference - Not Held - Vacated by CourtRead MoreRead Less
Minute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
SUMMONSRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Complaint; Filed by Lance Krieger (Plaintiff)Read MoreRead Less
Case Number: BC668473 Hearing Date: December 04, 2020 Dept: 32
Case No.: BC668473
Hearing Date: December 4, 2020
[TENTATIVE] order RE:
plaintiff’s motion to set aside dismissal
This case was filed on July 13, 2017. Over two years later, Plaintiff still had not served the summons and complaint. The Court set an Order to Show Cause re: Dismissal for Lack of Service for January 16, 2020, at 8:30 a.m. The day before, at 2:36 p.m., Plaintiff’s counsel filed a proof of service. However, it was not processed by the Clerk’s Office prior to the hearing, and Plaintiff’s counsel did not appear at the hearing. Therefore, the Court dismissed the case.
Now, Plaintiff’s counsel seeks to set aside that dismissal. Per Code of Civil Procedure, section 473, subdivision (b), a court may “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.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) “[W]hen relief under section 473 is available, there is a strong public policy in favor of granting relief and allowing the requesting party his or her day in court.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981-982, internal quotations omitted.)
Plaintiff has proffered a declaration from his counsel, M.H. Tony Kamran (“Counsel”). Counsel states that he failed to appear at the hearing because he erroneously calendared the hearing date. The Court gives Plaintiff’s counsel the benefit of the doubt and grants the motion.
The Court sets the following dates:
Final Status Conference: December 21, 2021, at 10:00 a.m.
Trial: January 11, 2022, at 8:30 a.m.
The discovery and motions cut-off shall be based on the new trial date. Plaintiff shall provide notice and file proof of such with the Court.
DATED: December 4, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court