XIAO HUA WAN VS BIN ZHANG ET AL
Case Summary
On 03/07/2017 XIAO HUA WAN filed a Personal Injury - Other Personal Injury lawsuit against BIN ZHANG. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARK A. BORENSTEIN, LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.
Case Details
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Case Number:
****3633
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Filing Date:
03/07/2017
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Stanley Mosk Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
MARK A. BORENSTEIN
LAURA A. SEIGLE
AMY D. HOGUE
Party Details
Plaintiff and Petitioner
WAN XIAO HUA
Defendants and Respondents
DE OZARK GROUP INC.
DOES 1 TO 10
ZHANG BIN
Attorney/Law Firm Details
Plaintiff and Petitioner Attorney
BAYLEY GUY R. ESQ.
Court Documents
8/21/2018: Minute Order
11/27/2018: Unknown
11/27/2018: Proof of Personal Service
11/28/2018: Minute Order
12/3/2018: Unknown
1/31/2019: Minute Order
4/22/2019: Minute Order
3/7/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
3/13/2017: Unknown
3/28/2017: ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)
4/14/2017: SUMMONS
9/1/2017: DECLARATION OF DUE DILIGENCE
9/1/2017: DECLARATION OF DUE DILIGENCE
Docket Entries
- 04/22/2019
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at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: (reRequest for Entry of Default Judgment) - Not Held - Continued - Court's Motion
- 04/22/2019
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Minute Order ( (Order to Show Cause Re: re: Request for Entry of Default Judg...)); Filed by Clerk
- 01/31/2019
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at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Trial Setting Conference - Not Held - Taken Off Calendar by Court
- 01/31/2019
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Minute Order ( (Trial Setting Conference)); Filed by Clerk
- 12/03/2018
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Proof of Service - No Service (Of Summons); Filed by Xiao Hua Wan (Plaintiff)
- 11/28/2018
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at 08:30 AM in Department 7, Amy D. Hogue, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held
- 11/28/2018
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Minute Order ((Order to Show Cause Re: Failure to File Proof of Service)); Filed by Clerk
- 11/27/2018
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Proof of Service - No Service (Of Summons); Filed by Xiao Hua Wan (Plaintiff)
- 11/27/2018
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Proof of Personal Service; Filed by Xiao Hua Wan (Plaintiff)
- 09/07/2018
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at 08:30 AM in Department 7; Jury Trial - Not Held - Advanced and Vacated
- 04/14/2017
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Summons; Filed by Xiao Hua Wan (Plaintiff)
- 04/14/2017
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SUMMONS
- 03/28/2017
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at 1:30 PM in Department 44; Unknown Event Type - Held - Motion Granted
- 03/28/2017
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Order on Court Fee Waiver After Hearing (Superior Court); Filed by Court
- 03/28/2017
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ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)
- 03/13/2017
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Order on Court Fee Waiver (Superior Court); Filed by Clerk
- 03/13/2017
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ORDER ON COURT FEE WAIVER
- 03/07/2017
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COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
- 03/07/2017
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Request to Waive Court Fees; Filed by Xiao Hua Wan (Plaintiff)
- 03/07/2017
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Complaint; Filed by Xiao Hua Wan (Plaintiff)
Tentative Rulings
Case Number: BC653633 Hearing Date: November 12, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION TO VACATE DISMISSAL
On March 7, 2017, plaintiff Xiao Hua Wan (“Plaintiff”) filed this action against defendants Bin Zhang and De Ozark Group, Inc. for injuries arising from a workplace altercation. The defendants were served on November 27, 2018 and December 3, 2018. The Court rejected Plaintiff’s default package on May 1, 2019 and set an OSC re dismissal for July 29, 2019. Plaintiff failed to appear, and the Court dismissed the case. Plaintiff now moves to vacate the dismissal entered on July 29, 2019.
“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.)
Plaintiff’s counsel states he made a calendaring error causing him to now appear at the July 29, 2019 OSC hearing. Plaintiff timely filed this Motion within six months of dismissal, and the Court finds dismissal was due to counsel’s excusable neglect. The Motion to set aside the July 29, 2019 dismissal is GRANTED and the action is reinstated. The Court sets an OSC Re: Entry of Default and Default Judgment for January 14, 2020 at 8:30 a.m.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.
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