On 04/04/2018 a Contract - Other Contract case was filed by ANDRE BOLDEN against D D S COLLISION in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******5189
04/04/2018
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
BOLDEN ANDRE
D. D. S. COLLISION
10/2/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 10/02/2019
10/2/2019: Minute Order - Minute Order (Non-Jury Trial)
4/4/2018: Civil Case Cover Sheet
4/4/2018: Complaint
7/3/2018: Answer
5/14/2018: Summons - on Complaint
4/5/2018: Order on Court Fee Waiver (Superior Court)
4/4/2018: Notice of Case Assignment - Limited Civil Case
DocketProof of Service by Mail; Filed by: Andre Bolden (Plaintiff); As to: D. D. S. COLLISION (Defendant); After Substituted Service of Summons & Complaint ?: No
DocketMotion to Set Aside/Vacate Dismissal; Filed by: Andre Bolden (Plaintiff)
DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 12/03/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Non-Jury Trial)
DocketCertificate of Mailing for (Non-Jury Trial) of 10/02/2019; Filed by: Clerk
DocketOn the Complaint filed by Andre Bolden on 04/04/2018, entered Order for Dismissal without prejudice as to the entire action
DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 12/03/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 12/03/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 12/03/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 10/02/2019
DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 12/03/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 10/02/2019
DocketUpdated -- Request to Waive Court Fees: Result: Granted; Result Date: 04/05/2018
DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Andre Bolden (Plaintiff)
DocketComplaint; Filed by: Andre Bolden (Plaintiff); As to: D. D. S. COLLISION (Defendant)
DocketRequest to Waive Court Fees; Filed by: Andre Bolden (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Andre Bolden (Plaintiff)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 10/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketAddress for Andre Bolden (Plaintiff) customer request
Case Number: 18STLC05189 Hearing Date: February 04, 2020 Dept: 26
Bolden v. DDS Collision, et al.
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Andre Bolden’s Motion to Vacate Dismissal is PLACED OFF CALENDAR.
Court clerk to give notice.
Case Number: 18STLC05189 Hearing Date: December 03, 2019 Dept: 94
Plaintiff Andre Bolden’s Motion to Vacate Dismissal is CONTINUED TO FEBRUARY 4, 2020 AT 10:30 AM IN DEPARTMENT 94.
ANALYSIS:
On April 4, 2018, Plaintiff Andre Bolden (“Plaintiff”) filed this action for breach of contract against Defendants DDS Collision and others (“Defendants”). Following Plaintiff’s failure to appear at trial on October 2, 2019, the Court dismissed the action without prejudice. Plaintiff filed the instant Motion to Vacate Dismissal on the same date.
The Motion is not accompanied by a proof of service demonstrating notice of the Motion and hearing on Defendant DDS Collision, which is the only Defendant to have been appeared. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Without proof of service of the Motion on Defendant DDS Collision, the Court cannot issue a ruling on the Motion at this time.
As to the merits, Plaintiff appears to move for relief from the dismissal pursuant to Code of Civil Procedure, section 473, subdivision (b). The Court notes, however, that the legal basis for the motion is not stated. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)
Under Code of Civil Procedure, section 473, subdivision (b), 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 less than six months after dismissal of the action. However, while it refers to Plaintiff’s inadvertence, it is not supported by an affidavit under penalty of perjury. The further requirements for an affidavit are set forth at Code of Civil Procedure section 2015.5.
Based on the foregoing defects, Plaintiff Andre Bolden’s Motion to Vacate Dismissal is CONTINUED TO FEBRUARY 4, 2020 AT 10:30 AM IN DEPARTMENT 94. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE DEFECTS DISCUSSED ABOVE. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.
Court clerk to give notice.