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This case was last updated from Los Angeles County Superior Courts on 09/30/2020 at 00:34:57 (UTC).

SOCORRO SANCHEZ VS ENSIGN PANORMA LLC ET AL

Case Summary

On 09/26/2017 SOCORRO SANCHEZ filed a Personal Injury - Other Personal Injury lawsuit against ENSIGN PANORMA LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELAINE LU, DEBORAH L. CHRISTIAN and STEPHEN I. GOORVITCH. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7338

  • Filing Date:

    09/26/2017

  • 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 Judges

ELAINE LU

DEBORAH L. CHRISTIAN

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

SANCHEZ SOCORRO

Defendants and Respondents

PANORAMA GARDENS NURSING & REHABILITATION

PANORAMA GARDENS LLC

PNORAMA GARDENS COMMUNITY ASSOCIATION

ENSIGHN PANORAMA LLC

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

VALENCIA EVERARDO VARGAS ESQ.

Defendant and Respondent Attorneys

SHEPHARD ROBERT

AZIZI DANIEL ESQ.

SHEPHARD ROBERT CARL

 

Court Documents

Proof of Service -

2/1/2018: Proof of Service -

ANSWER TO COMPLAINT BY DEFENDANT, ENSIGN PANORAMA LLC DBA PANORAMA GARDENS NURISING AND REHABILITATION CENTER

2/5/2018: ANSWER TO COMPLAINT BY DEFENDANT, ENSIGN PANORAMA LLC DBA PANORAMA GARDENS NURISING AND REHABILITATION CENTER

NON-OPPOSITION TO PANORAMA GARDENS, LLC'S DEMURRER

3/26/2018: NON-OPPOSITION TO PANORAMA GARDENS, LLC'S DEMURRER

Notice of Posting of Jury Fees

1/24/2020: Notice of Posting of Jury Fees

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIA...)

2/11/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIA...)

Notice of Ruling

2/11/2020: Notice of Ruling

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 08/13/2020

8/13/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 08/13/2020

Order - Dismissal

9/8/2020: Order - Dismissal

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE; ORDER TO SHOW CAUSE RE: DISMISSAL F...) OF 09/08/2020

9/8/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE; ORDER TO SHOW CAUSE RE: DISMISSAL F...) OF 09/08/2020

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

12/19/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

[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

6/13/2019: [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

DEMURRER TO COMPLAINT

4/10/2018: DEMURRER TO COMPLAINT

COMPLAINT?PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH- AMENDED (NUMBER): ONE

4/27/2018: COMPLAINT?PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH- AMENDED (NUMBER): ONE

ANSWER BY DEFENDANT ENSIGN PANORAMA LLC DBA PANORMA GARDENAS NURSING AND REHABILITATION CENTER TO FIRST AMENDED COMPLAINT

5/23/2018: ANSWER BY DEFENDANT ENSIGN PANORAMA LLC DBA PANORMA GARDENAS NURSING AND REHABILITATION CENTER TO FIRST AMENDED COMPLAINT

NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO SPECIAL INTERROGATORIES (SET ONE) PROPOUNDED TO PLAINTIFF; REQUEST FOR SANCTIONS OF 435.00

6/14/2018: NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO SPECIAL INTERROGATORIES (SET ONE) PROPOUNDED TO PLAINTIFF; REQUEST FOR SANCTIONS OF 435.00

36 More Documents Available

 

Docket Entries

  • 02/05/2021
  • Hearing02/05/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)

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  • 09/28/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 09/16/2020
  • DocketMotion to Set Aside/Vacate Dismissal; Filed by SOCORRO SANCHEZ (Plaintiff)

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  • 09/08/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Trial Setting Conference - Held

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  • 09/08/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (dismissal for failure to prosecute) - Held

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  • 09/08/2020
  • DocketMinute Order ( (Trial Setting Conference; Order to Show Cause Re: dismissal f...)); Filed by Clerk

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  • 09/08/2020
  • DocketOrder - Dismissal; Filed by Clerk

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  • 09/08/2020
  • DocketCertificate of Mailing for ((Trial Setting Conference; Order to Show Cause Re: dismissal f...) of 09/08/2020); Filed by Clerk

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  • 08/13/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Trial Setting Conference - Not Held - Continued - Court's Motion

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  • 08/13/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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62 More Docket Entries
  • 02/01/2018
  • DocketProof of Service

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  • 02/01/2018
  • DocketAnswer; Filed by ENSIGN PANORAMA LLC Erroneously Sued As ENSIGHN PANORAMA, LLC (Defendant); PANORAMA GARDENS NURSING & REHABILITATION (Defendant)

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  • 02/01/2018
  • DocketProof of Service (not Summons and Complaint); Filed by SOCORRO SANCHEZ (Plaintiff)

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  • 02/01/2018
  • DocketProof of Service

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  • 09/26/2017
  • DocketSUMMONS

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  • 09/26/2017
  • DocketComplaint; Filed by SOCORRO SANCHEZ (Plaintiff)

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  • 09/26/2017
  • DocketSUMMONS

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  • 09/26/2017
  • DocketORDER ON COURT FEE WAIVER

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  • 09/26/2017
  • DocketORDER ON COURT FEE WAIVER

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  • 09/26/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC677338    Hearing Date: December 18, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

socorro Sanchez,

Plaintiff,

v.

ensign panorama llc, et al.,

Defendants.

Case No.: BC677338

Hearing Date: December 18, 2020

[TENTATIVE] order RE:

plaintiff’s motion to set aside dismissal

Plaintiff Socorro Sanchez (“Plaintiff”) alleges that she slipped and fell at a facility owned and operated by Defendants on September 27, 2015. She filed this action on September 26, 2017, asserting causes of action for premises liability and negligence. Plaintiff filed the proof of service for the initial summons and complaint on February 1, 2018. On August 21, 2019, Plaintiff filed an ex parte application to continue the trial date and all related dates. The Court set the final status conference for February 5, 2020, and the trial for February 19, 2020.

The parties appeared at the final status conference on February 5, 2020, and indicated that they were not prepared to proceed. Therefore, per the parties’ oral stipulation, the Court continued the final status conference to February 14, 2020. Three days before this new final status conference date, Defendants filed an ex parte application to continue the trial date and all related dates, which Plaintiff did not oppose. Therefore, the Court set the final status conference for April 16, 2020, and the trial for April 30, 2020.

Due to the pandemic, the Court advanced and vacated these dates and set a trial setting conference for August 13, 2020. On that date, no party appeared. Therefore, the Court set an Order to Show Cause why the case should not be dismissed for September 8, 2020. Plaintiff’s counsel did not appear, so the Court dismissed the case without prejudice.

Now, Plaintiff’s counsel has filed a motion to set aside the dismissal. Per Code of Civil Procedure, section 473, subdivision (b), a court may “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.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) “[W]hen relief under section 473 is available, there is a strong public policy in favor of granting relief and allowing the requesting party his or her day in court.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981-982, internal quotations omitted.)

Here, Plaintiff has advanced a declaration from his counsel, Everardo Vargas Valencia (“Counsel”). Counsel states that he failed to appear at the OSC hearing because “[his] office inadvertently did not calendar the 9-8-20 hearing.” (Declaration of Everardo Vargas Valencia, ¶ 4.) However, Counsel provides no information concerning the apparent lack of prosecution of this case, e.g., his repeated inability to prepare for trial, as ordered by this Court.

The Court grants the motion and reinstates the case. However, the Court sets an Order to Show Cause why this case should not be dismissed for lack of prosecution or, in the alternative, a trial setting conference for January 4, 2021, at 8:30 a.m. The Court orders counsel for all parties to appear at this hearing, either in-person or remotely. The Court’s clerk shall provide notice.

DATED: December 18, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

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