This case was last updated from Los Angeles County Superior Courts on 07/06/2019 at 00:44:04 (UTC).

SHARPS SOLUTIONS LLC VS HERBERT KAHEN ET AL

Case Summary

On 05/07/2018 a Contract - Debt Collection case was filed by SHARPS SOLUTIONS LLC against HERBERT KAHEN 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:

    ****5204

  • Filing Date:

    05/07/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioner and Plaintiff

SHARPS SOLUTIONS LLC

Respondents and Defendants

KAHEN HERBERT

DOES 1 TO 100

WASTE INTEGRATED SOLUTIONS EXPERTS

 

Court Documents

NOTICE OF CASE MANAGEMENT CONFERENCE

5/16/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

ORDER TO SHOW CAUSE HEARING

5/16/2018: ORDER TO SHOW CAUSE HEARING

PROOF OF SERVICE SUMMONS

5/23/2018: PROOF OF SERVICE SUMMONS

Minute Order

7/20/2018: Minute Order

Request for Entry of Default / Judgment

11/1/2018: Request for Entry of Default / Judgment

Order - Dismissal

11/9/2018: Order - Dismissal

Request for Entry of Default / Judgment

11/26/2018: Request for Entry of Default / Judgment

Declaration

11/26/2018: Declaration

Notice of Rejection Default/Clerk's Judgment

12/11/2018: Notice of Rejection Default/Clerk's Judgment

Minute Order

12/20/2018: Minute Order

Minute Order

2/20/2019: Minute Order

Request for Dismissal

4/9/2019: Request for Dismissal

Statement of Damages (Personal Injury or Wrongful Death)

5/15/2019: Statement of Damages (Personal Injury or Wrongful Death)

Declaration Pursuant to 585 CCP in Support of Default Judgment

5/15/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Entry of Default / Judgment

5/15/2019: Request for Entry of Default / Judgment

Declaration re: Due Diligence

5/15/2019: Declaration re: Due Diligence

Proof of Personal Service

5/15/2019: Proof of Personal Service

SUMMONS

5/7/2018: SUMMONS

15 More Documents Available

 

Docket Entries

  • 05/30/2019
  • at 08:30 AM in Department 74; Order to Show Cause Re: (dismissal for failure to obtain default) - Not Held - Vacated by Court

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  • 05/30/2019
  • at 08:30 AM in Department 74; Order to Show Cause Re: (re dismissal for failure to obtain default judgment) - Not Held - Vacated by Court

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  • 05/15/2019
  • Proof of Personal Service; Filed by Sharps Solutions LLC (Plaintiff)

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  • 05/15/2019
  • Declaration Pursuant to 585 CCP in Support of Default Judgment; Filed by Sharps Solutions LLC (Plaintiff)

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  • 05/15/2019
  • Request for Entry of Default / Judgment; Filed by Sharps Solutions LLC (Plaintiff)

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  • 05/15/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Sharps Solutions LLC (Plaintiff)

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  • 05/15/2019
  • Declaration re: Due Diligence; Filed by Sharps Solutions LLC (Plaintiff)

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  • 05/15/2019
  • Declaration re: Due Diligence; Filed by Sharps Solutions LLC (Plaintiff)

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  • 04/09/2019
  • Request for Dismissal; Filed by Sharps Solutions LLC (Plaintiff)

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  • 02/20/2019
  • at 08:30 AM in Department 74; Order to Show Cause Re: (dismissal for failure to obtain default) - Held - Continued

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24 More Docket Entries
  • 05/23/2018
  • Proof-Service/Summons; Filed by Sharps Solutions LLC (Plaintiff)

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  • 05/23/2018
  • PROOF OF SERVICE SUMMONS

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  • 05/23/2018
  • Proof-Service/Summons; Filed by Sharps Solutions LLC (Plaintiff)

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  • 05/16/2018
  • ORDER TO SHOW CAUSE HEARING

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  • 05/16/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 05/16/2018
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 05/16/2018
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 05/07/2018
  • SUMMONS

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  • 05/07/2018
  • Complaint; Filed by Sharps Solutions LLC (Plaintiff)

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  • 05/07/2018
  • VERIFIED COMPLAINT FOR DAMAGES 1. BREACH OF CONTRACT ;ETC

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Tentative Rulings

Case Number: BC705204    Hearing Date: November 15, 2019    Dept: 74

BC705204 SHARPS SOLUTIONS LLC VS HERBERT KAHEN ET AL

Plaintiff’s Motion to Set Aside Dismissal

TENTATIVE RULING: The motion is granted. The dismissal entered April 17, 2019, is vacated.

Plaintiff’s counsel submits his declaration that after default was entered against defendant, he filed a dismissal to dismiss Does. The box to dismiss entire complaint is marked, and not the box to dismiss Does. Counsel does not know who marked the box, and never intended to dismiss the action.

Code of Civil Procedure § 473, subdivision (b) provides: "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....”

“ ‘In order to qualify for [discretionary] relief under § 473, the moving party … must submit affidavits or testimony demonstrating a reasonable cause for the default.’ ” (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1419.)

A review of the dismissal shows it is all typed except the box for dismissal of entire action, which is hand written. All other marked boxes are typed. Beside the box stating “Other” is typed “Does 1-100” which supports that this was intended to be only a dismissal of Does. The dismissal of the entire complaint was a mistake.

The motion is granted.