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This case was last updated from Los Angeles County Superior Courts on 08/30/2019 at 00:19:51 (UTC).

LAURA CONTRERAS VS MICHAEL COOK

Case Summary

On 04/12/2017 LAURA CONTRERAS filed a Personal Injury - Motor Vehicle lawsuit against MICHAEL COOK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are YOLANDA OROZCO and LAURA A. SEIGLE. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7571

  • Filing Date:

    04/12/2017

  • 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

YOLANDA OROZCO

LAURA A. SEIGLE

 

Party Details

Plaintiffs and Petitioners

CONTRERAS LAURA

RODRIGUEZ LAURA FORMERLY CONTRERAS LAURA

RODRIGUEZ LAURA FORMERLY CONTRERAS

RODRIGUEZ LORENA

Defendants and Respondents

COOK MICHAEL

DOES 1 TO 50

CHARTER COMMUNICATIONS INC [DOE1]

PRATT COMMUNICATIONS INC. DOE 2

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

SALEH HUSSIN ESQ.

Defendant and Respondent Attorneys

MIZELL BRIAN S. ESQ

ENDRES RICHARD S. ESQ.

BOLLIG PATRICK GEORGE

 

Court Documents

Order - Dismissal

8/28/2019: Order - Dismissal

Minute Order

8/28/2019: Minute Order

Certificate of Mailing for

8/28/2019: Certificate of Mailing for

Statement of Damages (Personal Injury or Wrongful Death)

8/8/2019: Statement of Damages (Personal Injury or Wrongful Death)

Proof of Service by Mail

8/8/2019: Proof of Service by Mail

Minute Order

8/14/2019: Minute Order

Proof of Service by Substituted Service

5/14/2019: Proof of Service by Substituted Service

Minute Order

2/21/2019: Minute Order

ANSWER OF DEFENDANT CHARTER COMMUNICATIONS, INC. TO PLAINTIFF'S UNVERIFIED COMPLAINT

9/6/2018: ANSWER OF DEFENDANT CHARTER COMMUNICATIONS, INC. TO PLAINTIFF'S UNVERIFIED COMPLAINT

AMENDMENT TO COMPLAINT

5/7/2018: AMENDMENT TO COMPLAINT

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC, AND RELATED DATES

7/12/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC, AND RELATED DATES

CIVIL DEPOSIT

11/17/2017: CIVIL DEPOSIT

NOTICE OF CHANGE OF ADDRESS AND CONTACT INFORMATION

11/20/2017: NOTICE OF CHANGE OF ADDRESS AND CONTACT INFORMATION

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

4/12/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

PROOF OF SERVICE OF SUMMONS

5/1/2017: PROOF OF SERVICE OF SUMMONS

FIRST AMENDED SUMMONS

5/3/2017: FIRST AMENDED SUMMONS

FIRST AMENDED COMPLAINT

5/3/2017: FIRST AMENDED COMPLAINT

REQUEST FOR DISMISSAL

6/1/2017: REQUEST FOR DISMISSAL

17 More Documents Available

 

Docket Entries

  • 08/28/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Taken Off Calendar by Court

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  • 08/28/2019
  • DocketCertificate of Mailing for ((Jury Trial) of 08/28/2019); Filed by Clerk

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  • 08/28/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 08/28/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 08/14/2019
  • 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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  • 08/14/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 08/12/2019
  • Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment

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  • 08/08/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by Lorena Rodriguez (Plaintiff)

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  • 08/08/2019
  • DocketProof of Service by Mail; Filed by Lorena Rodriguez (Plaintiff)

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  • 08/08/2019
  • DocketProof of Service by Mail; Filed by Lorena Rodriguez (Plaintiff)

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27 More Docket Entries
  • 06/01/2017
  • DocketPartial Dismissal (with Prejudice); Filed by LAURA FORMERLY CONTRERAS RODRIGUEZ (Plaintiff)

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  • 05/03/2017
  • DocketFirst Amended Complaint; Filed by Lorena Rodriguez (Plaintiff)

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  • 05/03/2017
  • DocketFIRST AMENDED COMPLAINT

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  • 05/03/2017
  • DocketFIRST AMENDED CIVIL CASE COVER SHEET

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  • 05/03/2017
  • DocketFIRST AMENDED SUMMONS

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  • 05/01/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 05/01/2017
  • DocketProof-Service/Summons; Filed by LAURA FORMERLY CONTRERAS RODRIGUEZ (Plaintiff)

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  • 04/12/2017
  • DocketComplaint; Filed by LAURA FORMERLY CONTRERAS RODRIGUEZ (Plaintiff)

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  • 04/12/2017
  • DocketSUMMONS

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  • 04/12/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC657571    Hearing Date: November 14, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL

On April 12, 2017, plaintiff Laura Contreras (“Contreras”) filed this action against defendant Michael Cook (“Defendant”) for damages arising from a pedestrian versus automobile accident. Plaintiff Lorena Rodriguez (“Rodriguez”) was added in a First Amended Complaint on May 3, 2017. Contreras later settled with Defendant and was dismissed from the case on June 1, 2017.

On May 7, 2018, Charter Communications, Inc. was named as a Doe defendant. Rodriguez later learned that Pratt Communications, Inc. was the registered owner of the vehicle driven by Defendant. Pratt Communications, Inc. was then named as a Doe Defendant, and Charter Communications, Inc. was dismissed on July 3, 2019. Rodriguez’s claim with Defendant settled, leaving Pratt Communications, Inc. as the remaining defendant.

A Final Status Conference was scheduled for August 14, 2019 and trial was scheduled for August 28, 2019. When Rodriguez’s counsel failed to appear at the final status conference and trial, the Court dismissed the case. Counsel does not explain why he did not appear at the FSC. Counsel’s paralegal states he made a mistake in removing the trial date from the attorney’s calendar.

“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.)

The Motion to set aside the August 28, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for April 17, 2020 in Department 4B and the final status conference is set for April 3, 2020 in Department 4B. All dates are based on the new trial date.

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.

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