This case was last updated from San Francisco County Superior Courts on 06/27/2019 at 14:35:29 (UTC).

ZACK MILLER VS. TIMOTHY REID ET AL

Case Summary

On 06/26/2019 ZACK MILLER filed a Personal Injury - Other Personal Injury lawsuit against TIMOTHY REID. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judge overseeing this case is GARRETT L. WONG. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7037

  • Filing Date:

    06/26/2019

  • Case Status:

    Not Classified By Court

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    San Francisco, California

Judge Details

Judge

GARRETT L. WONG

 

Party Details

Plaintiff

MILLER, ZACK

Defendants

REID, TIMOTHY , AN INDIVIDUAL

DOES 1-20 INCLUSIVE

Attorney/Law Firm Details

Plaintiff Attorney

CROSS, ORESTES

Attorney at VALOR LEGAL

2600 Tenth Street Ste 435

Berkeley, CA 94710

 

Court Documents

Notice to Plaintiff

NOTICE TO PLAINTIFF

 

Docket Entries

  • 06/26/2019
  • Payment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CHECK; Receipt Number : B1419626F008

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  • 06/26/2019
  • View Court Documents
  • NOTICE TO PLAINTIFF

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  • 06/26/2019
  • PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, COMPLAINT FILED BY PLAINTIFF MILLER, ZACK AS TO DEFENDANT REID, TIMOTHY , AN INDIVIDUAL DOES 1-20 INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOV-27-2019 PROOF OF SERVICE DUE ON AUG-26-2019 CASE MANAGEMENT STATEMENT DUE ON NOV-04-2019 (Fee:$450.00)

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Tentative Rulings

Case Number:*******7037
Case Title:ZACK MILLER VS. TIMOTHY REID ET AL
Court Date:NOV-13-2019 09:30 AM
Calendar Matter:Notice Of Motion In Support Of Motion To Set Aside Default Against Timothy Reid
Rulings:Matter on calendar for Wednesday, November 13, 2019, Line 10,DEFENDANT TIMOTHY REID's Motion In Support Of Motion To Set Aside Default Against Timothy ReidDefendant Timothy Reid's motion to set aside default taken against him on July 30, 2019 is granted. A trial court must set aside a default if the motion for mandatory relief (1) is filed within six months of the entry of judgment, (2) is in proper form (3) is accompanied by the attorney affidavit of fault, and (4) demonstrates that the default was "in fact caused by the attorney's mistake, inadvertence, surprise, or neglect." (Code Civ. Proc., u00A7 473(b); Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 443.) Defendant's criminal defense attorney states in his declaration the default was entered due to his misunderstanding of the date of service. (Bentley Decl. 3-5.) Mr. Bentley sufficiently attests to his mistake, inadvertence and neglect. (Id.) Contrary to Plaintiff's argument, Mr. Bentley is not required to show that his conduct was excusable. (Martin Potts & Associates, Inc., 244 Cal.App.4th at 439 ["Because we are dealing with the mandatory relief provision, it does not matter whether Klein's neglect was excusable or inexcusable."].) Furthermore, Defendant filed this motion on October 7, slightly more than two months after the default was taken. (Wheeler Decl. 3-4.) The Court finds this to be a reasonable amount of time. Plaintiff's counsel acted unprofessionally in taking Defendant's default only two days after his time to respond to the complaint had expired without first notifying his counsel of his intention to do so, in refusing to stipulate to set aside the default, and in groundlessly seeking an award of $30,000 in sanctions in opposing the instant motion. "[I]t is now well-established that an attorney has an ethical obligation to warn opposing counsel that the attorney is about to take an adversary's default." (Lasalle v. Vogel (2019) 36 Cal.App.4th 127, 135 [trial court abused its discretion in denied motion to set aside default judgment where notice of default was sent by email, deadline provided to defendant was unreasonably short, and no prejudice resulted from set-aside.) The instant motion could have been-and should have been-avoided. Defendant shall pay $200 in reasonable compensatory legal fees and costs. (See Code Civ. Proc., u00A7 473(b).) Defendant shall file an answer to the complaint within 10 days from the entry of this order.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for the Defendant is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. =(302/EPS)


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