This case was last updated from Los Angeles County Superior Courts on 12/05/2019 at 01:25:23 (UTC).

MYRNA FERMAN ET AL VS BARBARA PENCE ET AL

Case Summary

On 05/31/2018 a Personal Injury - Motor Vehicle case was filed by MYRNA FERMAN against BARBARA PENCE 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:

    ****8431

  • Filing Date:

    05/31/2018

  • 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

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs and Petitioners

FERMAN MYRNA

FERMAN SARAH

Defendants and Respondents

DOES 1-50

PENCE BARBARA

DUPREE DARYN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SARUKHANYAN RAFFI ESQ.

SARUKHANYAN RAFFI

 

Court Documents

Minute Order - MINUTE ORDER (JURY TRIAL)

12/3/2019: Minute Order - MINUTE ORDER (JURY TRIAL)

Order - Dismissal

12/3/2019: Order - Dismissal

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 12/03/2019

12/3/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 12/03/2019

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

11/15/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

SUMMONS -

5/31/2018: SUMMONS -

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

5/31/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

 

Docket Entries

  • 12/03/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 12/03/2019
  • DocketCertificate of Mailing for ((Jury Trial) of 12/03/2019); Filed by Clerk

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  • 12/03/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 12/03/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 11/15/2019
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 11/15/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 05/31/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 05/31/2018
  • DocketComplaint; Filed by Myrna Ferman (Plaintiff); Sarah Ferman (Plaintiff)

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  • 05/31/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC708431    Hearing Date: January 24, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

myrna ferman, et al.,

Plaintiffs,

v.

barbara pence, et al.,

Defendants.

Case No.: BC708431

Hearing Date: January 24, 2020

[TENTATIVE] order RE:

plaintiffs’ motion to set aside dismissal

Plaintiffs Myrna Ferman and Sarah Ferman (“Plaintiffs”) move to set aside the Court’s order of December 3, 2019, in which the Court dismissed this action for failure to appear at trial. 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.)

Here, Plaintiffs have advanced a declaration from their counsel, Raffi Sarukhanyan (“Counsel”). Counsel states that his office mistakenly categorized this case as an inactive case, and therefore Counsel failed to appear at the final status conference or trial. The Court concludes that its order of December 3, 2019 was the result of Counsel’s inadvertence, and grants the motion to set aside the dismissal.

CONCLUSION AND ORDER

The Court grants Plaintiffs’ motion to set aside the dismissal of this action. The Court sets the following dates:

Final Status Conference: June 1, 2021, at 10:00 a.m.

Trial: June 16, 2021, at 8:30 a.m.

The discovery and motions cut-off shall be based on the new trial date. Notice is not required.

DATED: January 24, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court