On 02/05/2018 THOMAS ISHKANIAN filed a Personal Injury - Medical Malpractice lawsuit against PABLO M LAWNER MD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.
****2946
02/05/2018
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
ISHKANIAN THOMAS
PROVIDENCE SAINT JOSEPH MEDICAL CENTER
LAWNER PABLO M. MD
DOES 1 TO 100
WAGMEISTER ROBERT MD
GIRARDI THOMAS V. ESQ.
7/22/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
8/5/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 08/05/2019
8/5/2019: Order - Dismissal
8/5/2019: Minute Order - MINUTE ORDER (JURY TRIAL)
1/30/2020: Motion to Set Aside/Vacate Dismissal
2/26/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DISMISSAL (CCP 473))
3/6/2020: Notice - NOTICE NOTICE OF ORDER GRANTING MOTION TO SET ASIDE/VACATE DISMISSAL AND SETTING TRIAL DATE AND PRETRIAL DEADLINES
2/5/2018: SUMMONS -
2/5/2018: COMPLAINT FOR DAMAGES FOR 1. MEDICAL MALPRACTICE JURY DEMAND
Hearing10/21/2020 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
Hearing10/07/2020 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference
DocketNOTICE OF ORDER GRANTING MOTION TO SET ASIDE/VACATE DISMISSAL AND SETTING TRIAL DATE AND PRETRIAL DEADLINES; Filed by Thomas Ishkanian (Plaintiff)
Docketat 1:30 PM in Department 27, Laura A. Seigle, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held - Motion Granted
DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))); Filed by Clerk
DocketMotion to Set Aside/Vacate Dismissal; Filed by Thomas Ishkanian (Plaintiff)
Docketat 08:30 AM in Department 4B; Jury Trial - Not Held - Taken Off Calendar by Court
DocketMinute Order ( (Jury Trial)); Filed by Clerk
DocketCertificate of Mailing for ((Jury Trial) of 08/05/2019); Filed by Clerk
Docketat 10:00 AM in Department 4B; Final Status Conference - Not Held - Taken Off Calendar by Court
DocketMinute Order ( (Final Status Conference)); Filed by Clerk
DocketSUMMONS
DocketComplaint; Filed by Thomas Ishkanian (Plaintiff)
DocketCOMPLAINT FOR DAMAGES FOR 1. MEDICAL MALPRACTICE JURY DEMAND
Case Number: BC692946 Hearing Date: February 26, 2020 Dept: 27
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On February 5, 2018, plaintiff Thomas Ishkanian filed this medical malpractice action against defendant Pablo M. Lawner, M.D. When Plaintiff failed to appear at the August 5, 2019 trial, the Court dismissed the case without prejudice. Plaintiff’s counsel seeks to vacate this dismissal based on attorney fault due to the failure to calendar dates and the miscommunication with her client about dismissing the case.
“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.” (Code Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Ibid.) “[T]he 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.” (Ibid.)
This Motion to set aside dismissal was timely filed within six months of dismissal and the Court finds dismissal was due to counsel’s excusable neglect. The Motion to set aside the August 5, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for October 21, 2020 in Department 27 and the final status conference is set for October 7, 2020 in Department 27. This case is more than two years old, and Plaintiff appears not to have served Defendant with the complaint and summons. Plaintiff is to serve Defendant immediately. If Plaintiff fails to do so, Plaintiff risks dismissal of the case for failure to prosecute.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.