This case was last updated from Los Angeles County Superior Courts on 11/14/2019 at 01:32:33 (UTC).

MARCO AGUIRRE VS KAREN REICH ET AL

Case Summary

On 05/09/2018 a Personal Injury - Motor Vehicle case was filed by MARCO AGUIRRE against KAREN REICH in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5693

  • Filing Date:

    05/09/2018

  • 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 Judge

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

AGUIRRE MARCO

Defendants and Respondents

REICH KAREN

MOROVATI SIMON

DOES 1-50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

PANAH D. HESS

YAZDANPANAH HESAM DEAN

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 11/12/2019

11/12/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 11/12/2019

Minute Order - MINUTE ORDER (JURY TRIAL)

11/12/2019: Minute Order - MINUTE ORDER (JURY TRIAL)

Order - Dismissal

11/12/2019: Order - Dismissal

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

10/23/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

SUMMONS -

5/9/2018: SUMMONS -

COMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE ;ETC

5/9/2018: COMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE ;ETC

 

Docket Entries

  • 11/12/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Held

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  • 11/12/2019
  • DocketCertificate of Mailing for ((Jury Trial) of 11/12/2019); Filed by Clerk

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  • 11/12/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 11/12/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 10/23/2019
  • Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 10/23/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 05/09/2018
  • DocketCOMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE ;ETC

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  • 05/09/2018
  • DocketComplaint; Filed by Marco Aguirre (Plaintiff)

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  • 05/09/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC705693    Hearing Date: December 17, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MARCO AGUIRRE,

Plaintiff(s),

vs.

KAREN REICH, et al.,

Defendant(s).

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Case No.: BC705693

[TENTATIVE] ORDER GRANTING MOTION TO VACATE DISMISSAL

Dept. 3

1:30 p.m.

December 17, 2019

Plaintiff, Marco Aguirre filed this action against Defendant, Karen Reich for damages arising out of an automobile accident. Plaintiff filed the complaint on 5/09/18. Plaintiff has not, to date, filed proof of service of the summons and complaint on Defendant. Plaintiff failed to appear at the 10/23/19 FSC or the 11/12/19 trial. On 11/12/19, the Court dismissed the case.

At this time, Plaintiff moves to set aside the dismissal. Plaintiff’s attorney declares the failure to appear at the trial was a result of his excusable neglect. The motion is granted. CCP §473(b).

Despite the fact that relief is mandatory and the motion is granted, the Court wishes to point out two inaccuracies in the motion. First, Plaintiff’s attorney declares he has been diligent in prosecuting the case. This is patently incorrect, as he filed the lawsuit over a year and a half ago, and has not yet filed proof of service of the summons and complaint. Second, Plaintiff’s attorney declares the case is “ready to proceed to trial.” It is hard to imagine how a case would be ready to proceed to trial if the summons and complaint have not even been served. The Court asks Counsel to ensure factual accuracy in the future in connection with this and other actions.

The Court sets an OSC re: dismissal for failure to file proof of service/prosecute this matter, FSC for 5/11/20 at 10 a.m., and trial for 5/27/20 at 8:30 a.m. in Department 3 of the Spring Street Courthouse.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.