This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:30:27 (UTC).

RITA HILTON VS NATIVE AMERICAN WORLD INC

Case Summary

On 07/17/2017 RITA HILTON filed a Personal Injury - Other Personal Injury lawsuit against NATIVE AMERICAN WORLD INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8696

  • Filing Date:

    07/17/2017

  • 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

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

HILTON RITA

Defendants and Respondents

DOES 1 TO 10

NATIVE AMERICAN WORLD INC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ALLISON JASON J.

ALLISON JASON JAMES

Defendant Attorney

O'DAY DALLAS JOHN

 

Court Documents

Notice of Ruling

6/21/2019: Notice of Ruling

Stipulation and Order

12/20/2018: Stipulation and Order

Notice of Change of Address or Other Contact Information

1/30/2019: Notice of Change of Address or Other Contact Information

Request for Refund / Order

2/20/2019: Request for Refund / Order

Notice

5/7/2019: Notice

Minute Order

5/7/2019: Minute Order

Order - Dismissal

5/17/2019: Order - Dismissal

Minute Order

5/17/2019: Minute Order

Proof of Service by 1st Class Mail

9/25/2017: Proof of Service by 1st Class Mail

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

9/25/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

CIVIL DEPOSIT

10/13/2017: CIVIL DEPOSIT

DEFENDANT NATIVE AMERICAN WORLD, INC.'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT

10/13/2017: DEFENDANT NATIVE AMERICAN WORLD, INC.'S ANSWER TO UNVERIFIED FIRST AMENDED COMPLAINT

PROOF OF SERVICE SUMMONS

8/15/2017: PROOF OF SERVICE SUMMONS

SUMMONS

7/17/2017: SUMMONS

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

7/17/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

3 More Documents Available

 

Docket Entries

  • 06/21/2019
  • DocketNotice of Ruling; Filed by Native American World, Inc (Defendant)

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  • 05/17/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Held

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  • 05/17/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 05/17/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 05/17/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 05/07/2019
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 05/07/2019
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 05/07/2019
  • DocketNotice (of Non-Appearance at Final Staus Conference); Filed by Native American World, Inc (Defendant)

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  • 05/07/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 02/20/2019
  • DocketRequest for Refund / Order; Filed by Native American World, Inc (Defendant)

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8 More Docket Entries
  • 09/25/2017
  • DocketProof of Service by 1st Class Mail

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  • 09/25/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 09/25/2017
  • DocketComplaint ( (1st)); Filed by Rita Hilton (Plaintiff)

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  • 09/25/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 09/25/2017
  • DocketAmendment to Complaint; Filed by Plaintiff/Petitioner

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  • 08/15/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Rita Hilton (Plaintiff)

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  • 08/15/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/17/2017
  • DocketSUMMONS

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  • 07/17/2017
  • DocketComplaint; Filed by Rita Hilton (Plaintiff)

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  • 07/17/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC668696    Hearing Date: January 17, 2020    Dept: 28

Motion to Set Aside Dismissal

Having considered the moving and opposing papers, the Court rules as follows. reply papers were filed.

BACKGROUND

On July 17, 2017, Plaintiff Rita Hilton (“Plaintiff”) filed a complaint against Defendant Native American World, Inc. (“Defendant”) alleging premises liability for falling down stairs on June 28, 2016.

On September 25, 2017, Plaintiff filed a first amended complaint.

On May 17, 2019 the Court dismissed the complaint without prejudice because no party appeared for trial or communicated with the Court as to why there were no appearances made at trial.

On November 18, 2019, Plaintiff filed a motion to set aside the May 17, 2019 dismissal pursuant to California Code of Civil Procedure section 473, subdivision (b).

PARTYS REQUEST

Plaintiff asks the Court to set aside the May 17, 2019 dismissal on the ground that Plaintiff’s counsel’s office failed to calendar trial properly.

LEGAL STANDARD

California Code of Civil Procedure section 473, subdivision (b) states: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a[n] . . . other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.  Application for this relief . . . shall be made within a reasonable time, in no case exceeding six months, after the . . . other proceeding was taken. . . . Notwithstanding any other requirements of this section, the 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. . . .”

DISCUSSION

Plaintiff’s counsel declares that he appeared for a status conference his staff calendared for July of 2019 when Plaintiff’s counsel discovered this action was dismissed in May of 2019.  (Allison Decl., ¶ 12.)  Plaintiff’s counsel struggled with a deteriorating medical condition from late 2018 through more than the first half of 2019.  (Allison Decl., ¶¶ 7-12.)

CONCLUSION

Plaintiff’s motion is GRANTED.

Plaintiff is ordered to give notice of this ruling.