On 04/06/2018 a Personal Injury - Motor Vehicle case was filed by CARLOS ALANIZ against SANDY VANESSA GARCIA in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
TORRES RAQUEL MUNOZ
GARCIA SANDY VANESSA
CARDENAZ RICARDO SANCHEZ
4/6/2018: Summons - on Complaint
4/6/2018: Civil Case Cover Sheet
4/6/2018: Notice of Case Assignment - Limited Civil Case
Hearingat 08:30 AM in Department 77 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of ServiceRead MoreRead Less
Hearingat 08:30 AM in Department 77 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
DocketComplaint; Filed by: Carlos Alaniz (Plaintiff); Raquel Munoz Torres (Plaintiff); As to: Sandy Vanessa Garcia (Defendant); Ricardo Sanchez Cardenaz (Defendant); Hortencia Perez (Defendant)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Carlos Alaniz (Plaintiff); Raquel Munoz Torres (Plaintiff)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk CourthouseRead MoreRead Less
DocketNon-Jury Trial scheduled for 10/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77Read MoreRead Less
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77Read MoreRead Less
Case Number: 18STLC05478 Hearing Date: March 09, 2020 Dept: 25
MOTION TO SET ASIDE DISMISSAL
(CCP § 473(b))
Plaintiffs Carlos Alaniz and Raquel Munoz Torrez’s Motion to Set Aside Dismissal is GRANTED.
On April 6, 2018, Plaintiffs Carlos Alaniz and Raquel Munoz Torrez (collectively, “Plaintiffs”) filed an action for motor vehicle negligence and general negligence against Defendants Sandy Vanessa Garcia, Ricardo Sanchez Cardenaz, and Hortencia Perez (collectively, “Defendants”).
A non-jury trial was scheduled for October 4, 2019. Due to the matter being placed on second call and there being no appearances by either side by 8:54 a.m., the Court dismissed the case without prejudice. (10/4/19 Minute Order.)
On February 6, 2020, Plaintiffs filed the instant Motion to Set Aside Dismissal (the “Motion”). To date, no opposition has been filed.
Legal Standard & Discussion
Plaintiffs seek relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 5.) 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.)
Plaintiffs’ Motion is timely. Plaintiffs seek to set aside the October 4, 2019 dismissal based on Plaintiffs’ counsel’s mistake, inadvertence, surprise or neglect. (Mot., p. 5.) Specifically, Plaintiffs’ counsel states that because of the status of settlement discussions between the parties and the fact that no defendant had responded to the Complaint, he believed the matter would not proceed to trial. (Mot., Chesney Decl., ¶ 5.) In addition, Plaintiffs’ counsel states he believed the trial date had been continued by stipulation. (Id.)
Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, Plaintiffs’ Motion is GRANTED.
Conclusion & Order
For the foregoing reasons, Plaintiffs Carlos Alaniz and Raquel Munoz Torrez’s Motion to Set Aside Dismissal is GRANTED.
Moving parties are ordered to give notice.