This case was last updated from Los Angeles County Superior Courts on 12/03/2019 at 16:30:16 (UTC).

ROABIL MENSSOR ET AL VS ZAKARIAH SOLIEMAN

Case Summary

On 02/26/2018 a Personal Injury - Motor Vehicle case was filed by ROABIL MENSSOR against ZAKARIAH SOLIEMAN 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:

    ****5580

  • Filing Date:

    02/26/2018

  • Case Status:

    Pending - Other Pending

  • 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

CHRISTOPHER K. LUI

 

Party Details

Plaintiffs and Petitioners

AZINI MOHAMMAD

MENSSOR ROABIL

Defendants, Respondents and Cross Plaintiffs

SOLIEMAN ZAKARIAH

DOES 1 TO 100

SOLIEMAN SARAH

Cross Defendants

GARCIA MIGUEL HERNANDEZ

HERNANDEZ ESTEBAN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SHALHOUB GEORGE J. ESQ.

SHALHOUB GEORGE JAMIL

Defendant and Cross Defendant Attorneys

MORENO MARLENE

GRANDY JAMES LAWTON

 

Court Documents

Notice of Change of Firm Name

11/5/2019: Notice of Change of Firm Name

Request for Dismissal

10/1/2019: Request for Dismissal

Notice of Posting of Jury Fees

10/8/2019: Notice of Posting of Jury Fees

Answer - ANSWER TO CROSS-COMPLAINT

10/8/2019: Answer - ANSWER TO CROSS-COMPLAINT

Amendment to Complaint (Fictitious/Incorrect Name)

10/10/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Stipulation and Order - STIPULATION AND ORDER [PROPOSED] TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

10/15/2019: Stipulation and Order - STIPULATION AND ORDER [PROPOSED] TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

Notice - NOTICE NOTICE OF FILING OF PROOF OF SERVICE OF CROSS-COMPLAINT

9/12/2019: Notice - NOTICE NOTICE OF FILING OF PROOF OF SERVICE OF CROSS-COMPLAINT

Declaration - DECLARATION DECLARATION OF NON-SERVICE

9/9/2019: Declaration - DECLARATION DECLARATION OF NON-SERVICE

Answer

7/26/2019: Answer

Notice of Posting of Jury Fees

7/26/2019: Notice of Posting of Jury Fees

Demand for Jury Trial

7/26/2019: Demand for Jury Trial

Summons - SUMMONS CROSS-COMPLAINT

7/29/2019: Summons - SUMMONS CROSS-COMPLAINT

Cross-Complaint

7/29/2019: Cross-Complaint

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

8/2/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

REQUEST FOR DISMISSAL -

4/5/2018: REQUEST FOR DISMISSAL -

DECLARATION OF NON SERVICE

3/14/2018: DECLARATION OF NON SERVICE

SUMMONS -

2/26/2018: SUMMONS -

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

2/26/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

6 More Documents Available

 

Docket Entries

  • 02/26/2021
  • Hearing02/26/2021 at 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 03/02/2020
  • Hearing03/02/2020 at 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 02/18/2020
  • Hearing02/18/2020 at 10:00 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 12/02/2019
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 11/05/2019
  • DocketNotice of Change of Firm Name; Filed by Zakariah Solieman (Defendant)

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  • 10/15/2019
  • DocketStipulation and Order ([Proposed] to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District)); Filed by Mohammad Azini (Plaintiff); Roabil Menssor (Plaintiff)

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  • 10/10/2019
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by Roabil Menssor (Plaintiff)

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  • 10/08/2019
  • DocketNotice of Posting of Jury Fees; Filed by Esteban Hernandez (Cross-Defendant); Miguel Hernandez Garcia (Cross-Defendant)

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  • 10/08/2019
  • DocketAnswer (TO CROSS-COMPLAINT); Filed by Esteban Hernandez (Cross-Defendant); Miguel Hernandez Garcia (Cross-Defendant)

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  • 10/01/2019
  • DocketRequest for Dismissal; Filed by Mohammad Azini (Plaintiff)

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6 More Docket Entries
  • 07/26/2019
  • DocketNotice of Posting of Jury Fees; Filed by Zakariah Solieman (Defendant)

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  • 07/26/2019
  • DocketDemand for Jury Trial; Filed by Zakariah Solieman (Defendant)

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  • 07/26/2019
  • DocketAnswer; Filed by Zakariah Solieman (Defendant)

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  • 04/05/2018
  • DocketREQUEST FOR DISMISSAL

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  • 04/05/2018
  • DocketPartial Dismissal (w/o Prejudice); Filed by Plaintiff/Petitioner

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  • 03/14/2018
  • DocketDECLARATION OF NON SERVICE

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  • 03/14/2018
  • DocketDeclaration; Filed by Roabil Menssor (Plaintiff)

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  • 02/26/2018
  • DocketComplaint; Filed by Mohammad Azini (Plaintiff); Roabil Menssor (Plaintiff)

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  • 02/26/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/26/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC695580    Hearing Date: February 13, 2020    Dept: 28

Motion to Continue Trial and Related Dates

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On February 26, 2018, Plaintiffs Raobil Menssor and Mohammad Azini filed a complaint against Defendant Zakariah Solieman.  The complaint alleges general and motor vehicle negligence for a rear-end collision that occurred on April 23, 2016.

On April 5, 2018, the Court dismissed Plaintiff Mohammad Azini from the complaint without prejudice.

On July 29, 2019, Defendant/Cross-Complainant Zakariah Solieman filed a cross-complaint against Cross-Defendants Miguel Hernandez Garcia and Esteban Hernandez seeking apportionment and indemnity.

On October 7, 2019, the Court dismissed Plaintiff Mohammad Azini from the complaint with prejudice.

On October 10, 2019, Plaintiff Raobil Menssor filed an amendement to the complaint renaming Doe 1 as Defendant Sarah Solieman.

On January 22, 2020, Plaintiff Raobil Menssor filed a motion to continue trial pursuant to California Rules of Court, rule 3.1332.

Trial is set for March 2, 2020.

PARTYS REQUESTS

Plaintiff Raobil Menssor (“Plaintiff”) asks the Court to continue trial to and related dates for 90 days.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.  The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings.  In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates.  (Code Civ. Proc. § 2024.050.)

DISCUSSION

Plaintiff argues there is good cause to continue trial and the related dates because Plaintiff is still trying to serve Defendant Sarah Solieman with the summons and complaint.  (Medin Decl., ¶ 5.) Solieman was the driver of a car involved in the April 23, 2016 collision.  (Ibid.)  Plaintiff just recently named Defendant Sarah Solieman on October 10, 2019.  (Medin Decl., 4.)

The Court finds there is good cause to continue trialDefendant Sarah Solieman may be a necessary party.  She was recently named and there is no evidence that Plaintiff has delayed in attempting to serve her with the summons and complaint.

CONCLUSION

The motion is GRANTED.

The Court orders trial shall be continued to June 16, 2020 at 8:30 a.m.  The Court also orders the final status conference date shall be continued to June 2, 2020 at 10:00 a.m.  Both hearings are to be held in Department 28 of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  All discovery cut-off dates shall relate to the June 16, 2020 trial date.

Plaintiff is ordered to give notice of this ruling.