This case was last updated from Los Angeles County Superior Courts on 08/17/2019 at 07:19:06 (UTC).

NELLIE TADDI VS JAMES P SEGAL GUTIERREZ ET AL

Case Summary

On 07/19/2017 NELLIE TADDI filed a Contract - Professional Negligence lawsuit against JAMES P SEGAL GUTIERREZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9166

  • Filing Date:

    07/19/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Professional Negligence

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiff

TADDI NELLIE

Defendants and Respondents

SEGAL-GUTIERREZ JAMES P.

LAW OFFICE OF JAMES P. SEGAL-GUTIERREZ

DOES 1-100

 

Court Documents

Minute Order

8/15/2019: Minute Order

Order - Dismissal

8/15/2019: Order - Dismissal

Certificate of Mailing for

8/15/2019: Certificate of Mailing for

Minute Order

12/26/2017: Minute Order

Proof of Service

2/9/2018: Proof of Service

Minute Order

2/9/2018: Minute Order

DEFENDANTS GUTIERREZS' NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

3/2/2018: DEFENDANTS GUTIERREZS' NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT

REQUEST FOR ENTRY OF DEFAULT

3/26/2018: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

3/29/2018: REQUEST FOR ENTRY OF DEFAULT

Minute Order

4/9/2018: Minute Order

RESPONSE TC DEMURRER TO COMPLALNT FILED ON O3/02/2O18 BY SEGAL-GUTIERREZ JAMES P.

5/2/2018: RESPONSE TC DEMURRER TO COMPLALNT FILED ON O3/02/2O18 BY SEGAL-GUTIERREZ JAMES P.

Proof of Service

5/2/2018: Proof of Service

Minute Order

5/8/2018: Minute Order

RULING DEMURRER TO COMPLA1NT

5/8/2018: RULING DEMURRER TO COMPLA1NT

ANSWER TO UNVERIFIED COMPLAINT

6/8/2018: ANSWER TO UNVERIFIED COMPLAINT

CASE MANAGEMENT STATEMENT

6/19/2018: CASE MANAGEMENT STATEMENT

COMPLAINT FOR DAMAGES: 1. LEGAL MALPRACTICE/ NEGLIGENCE; AND ETC

7/19/2017: COMPLAINT FOR DAMAGES: 1. LEGAL MALPRACTICE/ NEGLIGENCE; AND ETC

SUMMONS

7/19/2017: SUMMONS

12 More Documents Available

 

Docket Entries

  • 08/15/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Order to Show Cause Re: Dismissal - Held

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  • 08/15/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

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  • 08/15/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 08/15/2019
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal) of 08/15/2019); Filed by Clerk

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  • 07/29/2019
  • Docketat 09:30 AM in Department 48, Elizabeth Allen White, Presiding; Jury Trial (5 Day Estimate) - Not Held - Advanced and Vacated

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  • 07/24/2019
  • Docketat 08:31 AM in Department 48, Elizabeth Allen White, Presiding; Final Status Conference - Held

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  • 07/24/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 06/21/2018
  • Docketat 08:30 AM in Department 48; Case Management Conference (Conference-Case Management; Trial Date Set) -

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  • 06/21/2018
  • DocketCASE MANAGEMENT ORDER

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  • 06/21/2018
  • DocketMinute Order

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31 More Docket Entries
  • 02/09/2018
  • DocketMinute Order

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  • 02/09/2018
  • DocketProof of Service

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  • 12/26/2017
  • Docketat 08:30 AM in Department 48; Case Management Conference (Conference-Case Management; Court makes order) -

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  • 12/26/2017
  • DocketMinute Order

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  • 12/26/2017
  • DocketMinute order entered: 2017-12-26 00:00:00; Filed by Clerk

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  • 07/24/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 07/24/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 07/19/2017
  • DocketSUMMONS

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  • 07/19/2017
  • DocketComplaint; Filed by Nellie Taddi (Plaintiff)

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  • 07/19/2017
  • DocketCOMPLAINT FOR DAMAGES: 1. LEGAL MALPRACTICE/ NEGLIGENCE; AND ETC

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Tentative Rulings

Case Number: BC669166    Hearing Date: August 27, 2020    Dept: 48

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL

On July 19, 2017, Plaintiff Nelli Taddi (“Plaintiff”) filed a complaint alleging that Defendants James P. Segal-Gutierrez (“Segal-Gutierrez”) and Law Offices of James P. Segal-Gutierrez (collectively, “Defendants”) committed legal malpractice in connection with her personal injury lawsuit. On August 15, 2019, the Court dismissed the action without prejudice after Plaintiff failed to submit any trial documents, failed to appear at the final status conference on July 24, 2019, and failed to appear for an Order to Show Cause Re: Dismissal.

On November 1, 2019, Plaintiff moved to set aside the dismissal. On January 24, 2020, the Court continued the matter because Plaintiff’s declaration was deficient and Segal-Gutierrez filed a declaration stating that his office had not received any notice of the motion to set aside dismissal. The Court ordered Plaintiff to file a compliant declaration and to re-serve the moving papers. Plaintiff filed an amended motion and declaration on February 7, 2020. Although the amended motion was improperly served, at the July 6, 2020 hearing, Segal-Gutierrez accepted service of Plaintiff’s motion, and the Court continued the hearing.

A court may relieve a party from a dismissal caused by “mistake, inadvertence, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) This relief must be sought within six months after the dismissal was entered. (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, 991-982.)

Plaintiff did not appear for the final status conference on July 24, 2019. Plaintiff explains that she showed up for her trial date on July 29, 2019, and learned that it had been advanced and vacated because the Court did not receive trial paperwork. (Motion at p. 3.) The clerk’s office gave her a copy of the minute order that stated that an Order to Show Cause was set for August 15, 2019 at 8:30 a.m. (Ibid.) On August 3, 2019, Plaintiff received from Defendants a Notice of Order to Show Cause, stating that the Order to Show Cause was set for August 15, 2019 at 9:30 a.m. (Id. at p. 4.) On the day of the hearing, Plaintiff arrived at 9:30 a.m. and learned that the Court dismissed her case. (Ibid.)

Plaintiff’s motion, filed less than three months after the dismissal, is timely. Plaintiff has met her burden of showing that she did not appear for the Order to Show Cause due to mistake, inadvertence, or excusable neglect. Accordingly, the motion to set aside dismissal is GRANTED.

The Court sets a Trial Setting Conference for October 1, 2020 at 8:30 a.m.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

Case Number: BC669166    Hearing Date: July 06, 2020    Dept: 48

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL

On July 19, 2017, plaintiff Nelli Taddi (“Plaintiff”) filed a complaint alleging that defendants James P. Segal-Gutierrez (“Segal-Gutierrez”) and Law Offices of James P. Segal-Gutierrez (collectively, “Defendants”) committed legal malpractice in connection with her personal injury lawsuit. On August 15, 2019, the Court dismissed the action without prejudice after Plaintiff failed to submit any trial documents, failed to appear at the final status conference on July 24, 2019, and failed to appear for an Order to Show Cause Re: Dismissal.

On November 1, 2019, Plaintiff moved to set aside the dismissal. On January 24, 2020, the Court continued the matter because Plaintiff failed to submit a declaration made under penalty of perjury in support of her motion and failed to state a place of execution. Additionally, Segal-Gutierrez filed a declaration stating that his office had not received any notice of the motion to set aside dismissal. The Court ordered Plaintiff to file a compliant declaration and to “re-serve a new set of moving papers, along with revised declaration, upon Defendant.”

Plaintiff filed an amended motion and declaration on February 7, 2020. Plaintiff explains that she showed up for her trial date on July 29, 2019, and found it had been advanced and vacated because the Court did not receive trial paperwork. (Motion at p. 3.) The clerk’s office gave her a copy of the minute order that stated that an Order to Show Cause was set for August 15, 2019 at 8:30 a.m. (Ibid.) On August 3, 2019, Plaintiff received from Defendants a Notice of Order to Show Cause, stating that the Order to Show Cause was set for August 15, 2019 at 9:30 a.m. (Id. at p. 4.) On the day of the hearing, Plaintiff arrived at 9:30 a.m. and learned that the Court dismissed her case. (Ibid.)

The amended moving papers do not include a proof of service. On February 21, 2020 at 10:29 a.m., Segal-Gutierrez filed a declaration (which is dated February 28, 2020), declaring that he checked the Court’s website and saw that Plaintiff filed a motion to set aside dismissal. Segal-Gutierrez stated that neither he nor his office staff have received Plaintiff’s motion. On February 24, 2020, Plaintiff filed a proof of personal service stating that on February 21, 2020 at 10:37 a.m., someone served Laura L. McGhghy at 6709 Greenleaf Ave., Whitter, CA 90601. Laura Lorraine McGhghy signed the proof of service form in the space reserved for the person who served the papers. Plaintiff attaches pictures of the front office secretary looking at papers. From this proof of service, it appears that Plaintiff had Laura Lorraine McGhghy serve the motion papers at Segal-Gutierrez’ office, but Ms. McGhghy inserted her own name in line 2 as the person served. Plaintiff is to file a corrected proof of service listing in line item 2 the person Ms. McGhghy served.

Accordingly, the motion to set aside dismissal is CONTINUED to August 27, 2020 at 10:00 a.m. The parties are encouraged to consent to electronic service under Emergency Rule 12. (Cal. Rules of Court, emer. rule 12(c), appen. I.)

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

Case Number: BC669166    Hearing Date: December 13, 2019    Dept: 48

MOTION TO SET ASIDE DISMISSAL

MOVING PARTY: Plaintiff Nelly Taddi

RESPONDING PARTY(S): No opposition filed.

PROOF OF SERVICE:

ANALYSIS

Motion to Set Aside Dismissal

Plaintiff did not file a proof of service reflecting service of notice of this motion upon Defendant.

Accordingly, the hearing on the motion to set aside dismissal is CONTINUED to January 29, 2019. Plaintiff is to file proof of service reflecting notice to Defendant of the motion and continuance of the hearing date by January 22, 2019.