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This case was last updated from Los Angeles County Superior Courts on 05/25/2019 at 03:18:32 (UTC).

SALVADOR INTERIANO VS JONS INTERNATIONAL MARKETPLACE

Case Summary

On 09/08/2017 SALVADOR INTERIANO filed a Personal Injury - Other Personal Injury lawsuit against JONS INTERNATIONAL MARKETPLACE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5334

  • Filing Date:

    09/08/2017

  • Case Status:

    Pending - Other Pending

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

INTERIANO SALVADOR

Defendants and Respondents

DOES 1 THROUGH 100

JONS INTERNATIONAL MARKETPLACE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

BROOKER ROBERT L. II ESQ.

Defendant Attorney

GRUPPIE GUY ROBERT

 

Court Documents

Minute Order

2/22/2019: Minute Order

Stipulation and Order

2/22/2019: Stipulation and Order

Notice of Change of Address or Other Contact Information

1/24/2018: Notice of Change of Address or Other Contact Information

REQUEST FOR ENTRY OF DEFAULT

2/1/2018: REQUEST FOR ENTRY OF DEFAULT

Proof of Service by Substituted Service

3/8/2018: Proof of Service by Substituted Service

REQUEST FOR ENTRY OF DEFAULT

5/30/2018: REQUEST FOR ENTRY OF DEFAULT

ANSWER OF DEFENDANT, BERBERIAN ENTERPRISES, INC. DBA JONS MARKETPLACE, ERRONEOUSLY SUED AND SERVED AS JONS INTERNATIONAL MARKETPLACE

7/16/2018: ANSWER OF DEFENDANT, BERBERIAN ENTERPRISES, INC. DBA JONS MARKETPLACE, ERRONEOUSLY SUED AND SERVED AS JONS INTERNATIONAL MARKETPLACE

Proof of Personal Service

10/10/2017: Proof of Personal Service

Statement of Damages (Personal Injury or Wrongful Death)

9/15/2017: Statement of Damages (Personal Injury or Wrongful Death)

CoverSheet

9/8/2017: CoverSheet

Summons

9/8/2017: Summons

Complaint

9/8/2017: Complaint

 

Docket Entries

  • 03/08/2019
  • at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 02/22/2019
  • at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/22/2019
  • Stipulation and Order (To Continue Trial, FSC [And Related Motion/Discovery Dates]); Filed by Salvador Interiano (Plaintiff)

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  • 02/22/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 07/16/2018
  • ANSWER OF DEFENDANT, BERBERIAN ENTERPRISES, INC. DBA JONS MARKETPLACE, ERRONEOUSLY SUED AND SERVED AS JONS INTERNATIONAL MARKETPLACE

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  • 07/16/2018
  • Answer; Filed by Jons International Marketplace (Defendant)

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  • 05/30/2018
  • Default Entered; Filed by Plaintiff/Petitioner

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  • 05/30/2018
  • REQUEST FOR ENTRY OF DEFAULT

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  • 03/08/2018
  • Proof of Service by Substituted Service

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  • 03/08/2018
  • Proof-Service/Summons; Filed by Salvador Interiano (Plaintiff)

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1 More Docket Entries
  • 02/01/2018
  • REQUEST FOR ENTRY OF DEFAULT

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  • 01/24/2018
  • Notice of Change of Address or Other Contact Information; Filed by Salvador Interiano (Plaintiff)

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  • 01/24/2018
  • Notice of Change of Address or Other Contact Information

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  • 10/10/2017
  • Proof-Service/Summons; Filed by Salvador Interiano (Plaintiff)

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  • 10/10/2017
  • Proof of Personal Service

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  • 09/15/2017
  • Statement of Damages (Personal Injury or Wrongful Death)

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  • 09/15/2017
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Salvador Interiano (Plaintiff)

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  • 09/08/2017
  • Complaint

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  • 09/08/2017
  • Summons; Filed by Salvador Interiano (Plaintiff)

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  • 09/08/2017
  • Complaint; Filed by Salvador Interiano (Plaintiff)

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Tentative Rulings

Case Number: BC675334    Hearing Date: January 06, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SALVADOR INTERIANO,

Plaintiff(s),

vs.

JONS INTERNATIONAL MARKETPLACE, ET AL.,

Defendant(s).

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CASE NO: BC675334

[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTION TO VACATE DISMISSAL

Dept. 31

8:30 a.m.

January 6, 2021

Plaintiffs, Salvador Interiano (“Plaintiff”) filed this action against Defendant, Berberian Enterprise, Inc. dba Jons International Marketplace (“Defendant”) for injuries related to Plaintiff’s slip and fall at Defendant’s premises. Plaintiff filed the complaint on 9/8/17, and Defendant answered on 7/16/18. On 8/21/19, Plaintiff filed a Notice of Settlement of Entire Case providing that the parties entered into a settlement and a request for dismissal would be filed no later than 12/31/19. The court held an Order to Show Cause (“OSC”) Re: Dismissal 1/8/20 where the parties informed the court that Plaintiff had passed away and a trustee had not been appointed. (Min. Order 1/8/20.) Defendant’s counsel represented that Plaintiff’s son was working with a probate attorney to resolve the issues. (Ibid.) The OSC was then continued to ultimately continued to 8/10/20. (Min. Orders 3/23/20 and 7/9/20.)

The court held the OSC on 8/10/20 but there was no appearance by or for Plaintiff, so the OSC was discharged. (Min. 8/10/20.) Further, pursuant to an oral request by Defendant, the court ordered Plaintiff’s complaint dismissed without prejudice. (Ibid.) Plaintiff’s counsel filed a declaration Re No Appearance at the OSC this same date. Plaintiff’s counsel, Shabnam Sarani (“Sarani”) asserted counsel failed to appear due to an inadvertent calendaring mistake and having the incorrect LA Court Connect information.

Plaintiff now moves to set aside the 8/10/20 dismissal under the mandatory relief provision of CCP § 473(b) arguing the dismissal was the result of Plaintiff’s counsel fault. Plaintiff asserts the motion is timely and will not prejudice Defendant.

Defendant opposes the motion. Defendant contends that Plaintiff passed away from an unrelated condition, and that in December 2018, the parties settled the case. However, Defendant contends that Plaintiff has failed to resolve the issues in this case despite having over two years to do so. Defendant avers the court dismissed the case not because Plaintiff’s counsel did not appear at the OSC, but because the case was settled over two years ago, and Plaintiff has taken no action to finalize the settlement.

CCP § 473(b) states in pertinent part,

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 … dismissal entered against his or her client…

(Emphasis added.)

“To obtain mandatory relief under section 473, plaintiffs' counsel need not show that his or her mistake, inadvertence, surprise or neglect was excusable. No reason need be given for the existence of one of these circumstances. Attestation that one of these reasons existed is sufficient to obtain relief, unless the trial court finds that the dismissal did not occur because of these reasons.” (Graham v. Beers (1994) 30 Cal.App.4th 1656, 1660; accord. Leader v. Health Indus. of America, Inc. (2001) 89 Cal.App.4th 603, 616 [“The range of attorney conduct for which relief can be granted in the mandatory provision is broader than that in the discretionary provision, and includes inexcusable neglect”.].)

In this case, the action has been settled and Plaintiff has passed away. To date, Plaintiff has not filed a reply to the opposition or provided evidence showing a personal representative or successor-in-interest has been appointed for Plaintiff. (CCP § 377.30 et seq.) Plaintiff seemingly admits these contentions by failing to address them. Therefore, Plaintiff’s counsel fails to establish standing to bring the instant motion in light of the admission that Plaintiff has in fact passed away.

Based on the foregoing, Plaintiff’s motion to set aside dismissal is denied.

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 6th day of January, 2021

Hon. Thomas D. Long

Judge of the Superior Court

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