This case was last updated from Los Angeles County Superior Courts on 12/29/2019 at 01:01:27 (UTC).

AMEIKA PORTER VS BERNARDO ALONSO TEPATZI

Case Summary

On 06/29/2018 AMEIKA PORTER filed a Personal Injury - Motor Vehicle lawsuit against BERNARDO ALONSO TEPATZI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9151

  • Filing Date:

    06/29/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

PORTER AMEIKA

Defendant

TEPATZI BERNARDO ALONSO

Attorney/Law Firm Details

Plaintiff Attorney

BEHJATNIA RUSSELL FARZIN

14401 Gilmore St Ste 100

Van Nuys, CA 91401

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

12/27/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/27/2019

12/27/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/27/2019

Complaint

6/29/2018: Complaint

Civil Case Cover Sheet

6/29/2018: Civil Case Cover Sheet

Summons - on Complaint

6/29/2018: Summons - on Complaint

Order on Court Fee Waiver (Superior Court)

6/29/2018: Order on Court Fee Waiver (Superior Court)

Notice of Case Assignment - Limited Civil Case

6/29/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 12/27/2019
  • DocketMinute Order (Non-Jury Trial)

    Read MoreRead Less
  • 12/27/2019
  • DocketCertificate of Mailing for (Non-Jury Trial) of 12/27/2019; Filed by: Clerk

    Read MoreRead Less
  • 12/27/2019
  • DocketOn the Complaint filed by Ameika Porter on 06/29/2018, entered Order for Dismissal without prejudice as to the entire action

    Read MoreRead Less
  • 12/27/2019
  • DocketNon-Jury Trial scheduled for 12/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/27/2019; Result Type to Held

    Read MoreRead Less
  • 12/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/02/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 12/27/2019

    Read MoreRead Less
  • 07/03/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/02/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/03/2018
  • DocketUpdated -- Request to Waive Court Fees: Result: Granted

    Read MoreRead Less
  • 07/03/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 07/03/2018
  • DocketNon-Jury Trial scheduled for 12/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/29/2018
  • DocketComplaint; Filed by: Ameika Porter (Plaintiff); As to: Bernardo Alonso Tepatzi (Defendant)

    Read MoreRead Less
  • 06/29/2018
  • DocketRequest to Waive Court Fees; Filed by: Ameika Porter (Plaintiff)

    Read MoreRead Less
  • 06/29/2018
  • DocketCivil Case Cover Sheet; Filed by: Ameika Porter (Plaintiff)

    Read MoreRead Less
  • 06/29/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 06/29/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 06/29/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Ameika Porter (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC09151    Hearing Date: August 11, 2020    Dept: 26

Porter v. Tepatzi, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Ameika Porter’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON DECEMBER 27, 2019 IS HEREBY VACATED.

TRIAL IS RESET FOR FEBRUARY 9, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Ameika Porter (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Bernardo Alonso Tepatzi (“Defendant”) on June 29, 2018. The matter was set for trial on December 27, 2019. Plaintiff has not yet filed a proof of service of the Summons and Complaint. When Plaintiff failed to appear at trial, the Court dismissed the entire action without prejudice.

Plaintiff filed the instant Motion to Vacate Dismissal on June 26, 2020. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on December 27, 2019 pursuant to Code of Civil Procedure, section 473, subdivision (b). 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.)

The Motion is timely brought six months after dismissal of the action and is supported by an attorney affidavit of fault. Plaintiff’s attorney declares that he inadvertently failed to calendar the trial date, and therefore, did not appear. (Motion, Behjatnia Decl., ¶4.) Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiff’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON DECEMBER 27, 2019 IS HEREBY VACATED.

TRIAL IS RESET FOR FEBRUARY 9, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.