This case was last updated from Los Angeles County Superior Courts on 11/28/2019 at 00:01:41 (UTC).

ALLSTATE INSURANCE COMPANY VS HERTZ RENTAL CAR, ET AL.

Case Summary

On 05/29/2018 a Personal Injury - Uninsured Motor Vehicle case was filed by ALLSTATE INSURANCE COMPANY against HERTZ RENTAL CAR 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:

    *******7724

  • Filing Date:

    05/29/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

ALLSTATE INSURANCE COMPANY

Defendants

HERTZ RENTAL CAR

GHOBRINI NABIL

Attorney/Law Firm Details

Plaintiff Attorney

MENDELSON LEE MICHAEL

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/26/2019

11/26/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/26/2019

Minute Order - Minute Order (Non-Jury Trial)

11/26/2019: Minute Order - Minute Order (Non-Jury Trial)

Proof of Personal Service - Proof of Personal Service

6/27/2019: Proof of Personal Service - Proof of Personal Service

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/9/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

11/20/2018: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

12/7/2018: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Declaration (name extension) - of non service

8/15/2018: Declaration (name extension) - of non service

Proof of Personal Service

8/15/2018: Proof of Personal Service

Complaint

5/29/2018: Complaint

Civil Case Cover Sheet

5/29/2018: Civil Case Cover Sheet

Summons - on Complaint

5/29/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

5/29/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 11/26/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 11/26/2019
  • DocketCertificate of Mailing for (Non-Jury Trial) of 11/26/2019; Filed by: Clerk

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  • 11/26/2019
  • DocketOn the Complaint filed by Allstate Insurance Company on 05/29/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 11/26/2019
  • DocketNon-Jury Trial scheduled for 11/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/26/2019; Result Type to Not Held - Taken Off Calendar by Court

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  • 11/26/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/01/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 11/26/2019

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  • 07/09/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Allstate Insurance Company (Plaintiff); As to: Hertz Rental Car (Defendant)

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  • 07/09/2019
  • DocketDefault entered as to Hertz Rental Car; On the Complaint filed by Allstate Insurance Company on 05/29/2018

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  • 06/27/2019
  • DocketProof of Personal Service; Filed by: Allstate Insurance Company (Plaintiff); As to: Hertz Rental Car (Defendant); Service Date: 08/08/2018; Service Cost: 92.00; Service Cost Waived: No

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 12/07/2018
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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1 More Docket Entries
  • 11/20/2018
  • Docket; Default not entered as to Hertz Rental Car; On the Complaint filed by Allstate Insurance Company on 05/29/2018

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  • 08/15/2018
  • DocketProof of Personal Service; Filed by: Allstate Insurance Company (Plaintiff); As to: Hertz Rental Car (Defendant); Service Date: 08/08/18; Service Cost: 92.00; Service Cost Waived: No

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  • 08/15/2018
  • DocketDeclaration of non service; Filed by: Allstate Insurance Company (Plaintiff)

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  • 05/29/2018
  • DocketComplaint; Filed by: Allstate Insurance Company (Plaintiff); As to: Hertz Rental Car (Defendant); Nabil Ghobrini (Defendant)

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  • 05/29/2018
  • DocketCivil Case Cover Sheet; Filed by: Allstate Insurance Company (Plaintiff)

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  • 05/29/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/29/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/29/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 05/29/2018
  • DocketNon-Jury Trial scheduled for 11/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/29/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC07724    Hearing Date: March 04, 2020    Dept: 25

MOTION TO SET ASIDE/VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Allstate Insurance Company’s Motion for Order Vacating Entry of Dismissal is GRANTED.

ANALYSIS:

  1. Background

On May 29, 2018, Plaintiff Allstate Insurance Company (“Plaintiff”) filed an action for subrogation and indebtedness against Defendants Hertz Rental Car and Nabil Ghobrini (collectively, “Defendants”).

A non-jury trial was scheduled for November 26, 2019. Due to the matter being placed on second call, and there being no appearance by either side by 9:44 a.m., the Court dismissed the entire case without prejudice. (11/26/19 Minute Order.)

On February 4, 2020, Plaintiff filed the instant Motion for Order Vacating Entry of Dismissal (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 1.) Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

Plaintiff’s Motion is timely. Plaintiff seeks to set aside the Court’s November 26, 2019 dismissal due to Plaintiff’s counsel’s mistake and neglect. (Mot., p. 5; Schwarz Decl., ¶ 4.) Specifically, Plaintiff’s counsel states that the trial date was improperly calendared and, as a result, he missed the hearing. (Id. at ¶ 5.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, Plaintiff’s Motion is GRANTED.

  1. Conclusion & Order

Based on the foregoing, Plaintiff Allstate Insurance Company’s Motion for Order Vacating Entry of Dismissal is GRANTED.

Moving party is ordered to give notice.