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.
*******7724
05/29/2018
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
ALLSTATE INSURANCE COMPANY
HERTZ RENTAL CAR
GHOBRINI NABIL
MENDELSON LEE MICHAEL
11/26/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/26/2019
11/26/2019: Minute Order - Minute Order (Non-Jury Trial)
6/27/2019: Proof of Personal Service - Proof of Personal Service
7/9/2019: 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
12/7/2018: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
8/15/2018: Declaration (name extension) - of non service
8/15/2018: Proof of Personal Service
5/29/2018: Complaint
5/29/2018: Civil Case Cover Sheet
5/29/2018: Summons - on Complaint
5/29/2018: Notice of Case Assignment - Limited Civil Case
DocketMinute Order (Non-Jury Trial)
DocketCertificate of Mailing for (Non-Jury Trial) of 11/26/2019; Filed by: Clerk
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)
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
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
DocketRequest for Entry of Default / Judgment; Filed by: Allstate Insurance Company (Plaintiff); As to: Hertz Rental Car (Defendant)
DocketDefault entered as to Hertz Rental Car; On the Complaint filed by Allstate Insurance Company on 05/29/2018
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
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk
Docket; Default not entered as to Hertz Rental Car; On the Complaint filed by Allstate Insurance Company on 05/29/2018
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
DocketDeclaration of non service; Filed by: Allstate Insurance Company (Plaintiff)
DocketComplaint; Filed by: Allstate Insurance Company (Plaintiff); As to: Hertz Rental Car (Defendant); Nabil Ghobrini (Defendant)
DocketCivil Case Cover Sheet; Filed by: Allstate Insurance Company (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 11/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
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:
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.
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.
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.