This case was last updated from Los Angeles County Superior Courts on 09/15/2019 at 10:31:35 (UTC).

REGETTA VARDADO VS ALLERGAN PHARMECEUTICALS INC ET AL

Case Summary

On 03/13/2018 a Personal Injury - Other Personal Injury case was filed by REGETTA VARDADO against ALLERGAN PHARMECEUTICALS INC 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:

    ****7887

  • Filing Date:

    03/13/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

LAURA A. SEIGLE

 

Party Details

Plaintiff

VARNADO REGETTA

Respondents and Defendants

ALLERGAN PHARMACEUTICALS INC.

DOES 1-25

 

Court Documents

Minute Order

9/13/2019: Minute Order

Order - Dismissal

9/13/2019: Order - Dismissal

Minute Order

8/27/2019: Minute Order

Request for Entry of Default / Judgment

8/7/2019: Request for Entry of Default / Judgment

Proof of Service by Mail

8/7/2019: Proof of Service by Mail

Notice of Rejection Default/Clerk's Judgment

8/14/2019: Notice of Rejection Default/Clerk's Judgment

Notice of Change of Address or Other Contact Information

6/20/2019: Notice of Change of Address or Other Contact Information

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

3/13/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

ORDER ON COURT FEE WAIVER

3/13/2018: ORDER ON COURT FEE WAIVER

SUMMONS

3/13/2018: SUMMONS

 

Docket Entries

  • 09/13/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Held

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  • 09/13/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 09/13/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 08/27/2019
  • 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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  • 08/27/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 08/14/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 08/07/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Regetta Varnado (Plaintiff)

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  • 08/07/2019
  • DocketProof of Service by Mail; Filed by Regetta Varnado (Plaintiff)

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  • 06/20/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Regetta Varnado (Plaintiff)

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  • 03/13/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 03/13/2018
  • DocketRequest-Waive Court Fees

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  • 03/13/2018
  • DocketRequest to Waive Court Fees

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  • 03/13/2018
  • DocketSUMMONS

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  • 03/13/2018
  • DocketRequest to Waive Court Fees; Filed by Plaintiff/Petitioner

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  • 03/13/2018
  • DocketComplaint; Filed by Regetta Varnado (Plaintiff)

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  • 03/13/2018
  • DocketORDER ON COURT FEE WAIVER

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Tentative Rulings

Case Number: BC697887    Hearing Date: December 18, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL

On March 13, 2018, plaintiff Regetta Vardado, appearing pro per, filed this action against defendants Allergan Pharmaceuticals, Inc. for products liability. On September 13, 2019, this Court dismissed the action because Plaintiff did not appear for trial. Plaintiff now seeks to vacate the dismissal pursuant to Civil Procedure Code section 473(b) on grounds of her mistake. Plaintiff states she neglected to read all of the papers when the clerk gave them to her and did not know that a trial date had already been set because she was preoccupied with trying to serve the Defendant with default papers.

The court has broad discretion to vacate the entry of default, default judgment, or a dismissal where the moving party timely establishes a proper ground for relief. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure, section 473, subdivision (b) contains two distinct provisions for relief from default. The first provision is discretionary and broad in scope, providing: “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).)

This Motion to set aside dismissal was timely filed within six months of dismissal and the Court finds dismissal was due to Plaintiff’s excusable neglect. The Motion to set aside the September 13, 2019 dismissal is GRANTED and the action is reinstated. An Order to Show Cause regarding Proof of Service of Summons is set for February 21, 2020 in Department 4B at 8:30 a.m. Plaintiff is file a proof of service of summons and complaint showing valid service on Defendant. If Plaintiff does not attend the hearing on February 21, 2020, the Court may dismiss the case. Final Status Conference is set for June 12, 2020 at 10:00 a.m. in Department 4B. Trial is set for June 26, 2020 at 8:30 a.m. in Department 4B.

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.