This case was last updated from Los Angeles County Superior Courts on 10/23/2020 at 02:57:03 (UTC).

DICK N WALTS MOTOR CO., INC. VS DONNA LEE RAMOS, ET AL.

Case Summary

On 04/09/2019 DICK N WALTS MOTOR CO , INC filed a Contract - Other Contract lawsuit against DONNA LEE RAMOS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3428

  • Filing Date:

    04/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

DICK N WALTS MOTOR CO. INC.

Defendants

RAMOS DONNA LEE

MONTOYA AARON FRANK

Attorney/Law Firm Details

Plaintiff Attorney

SCHROTH ROBERT

 

Court Documents

Declaration (name extension) - Declaration In support of copies in lieu of originals

12/10/2019: Declaration (name extension) - Declaration In support of copies in lieu of originals

Declaration (name extension) - Declaration of costs

12/10/2019: Declaration (name extension) - Declaration of costs

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

12/10/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration of Robert E. Schroth, Jr. in Support of Motion to Vacate Dismissal Without Prejudice as to Entire Action

3/25/2020: Declaration (name extension) - Declaration of Robert E. Schroth, Jr. in Support of Motion to Vacate Dismissal Without Prejudice as to Entire Action

Motion to Vacate (name extension) - Motion to Vacate Notice of Motion and Motion to Vacate Dismissal

3/25/2020: Motion to Vacate (name extension) - Motion to Vacate Notice of Motion and Motion to Vacate Dismissal

Memorandum (name extension) - Memorandum of Points & Authorities in Support of Plaintiff's Motion to Vacate Dismissal

3/25/2020: Memorandum (name extension) - Memorandum of Points & Authorities in Support of Plaintiff's Motion to Vacate Dismissal

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Motion to Vacate Dismissal)

7/8/2020: Minute Order - Minute Order (Hearing on Motion to Vacate Dismissal)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Vacate Dismissal) of 07/08/2020

7/8/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Vacate Dismissal) of 07/08/2020

Minute Order - Minute Order (Court Order)

7/22/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/22/2020

7/22/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/22/2020

Motion for Order (name extension) - Motion for Order vacating dismissal

10/6/2020: Motion for Order (name extension) - Motion for Order vacating dismissal

Declaration (name extension) - Declaration in support of motion

10/6/2020: Declaration (name extension) - Declaration in support of motion

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/6/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Proof of Service by Substituted Service - Proof of Service by Substituted Service

5/6/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

4/10/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4/9/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

4/9/2019: First Amended Standing Order - First Amended Standing Order

11 More Documents Available

 

Docket Entries

  • 04/12/2022
  • Hearing04/12/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 05/20/2021
  • Hearing05/20/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/06/2020
  • DocketMotion for Order vacating dismissal; Filed by: DICK N WALTS MOTOR CO., INC. (Plaintiff)

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  • 10/06/2020
  • DocketDeclaration in support of motion; Filed by: DICK N WALTS MOTOR CO., INC. (Plaintiff)

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  • 10/06/2020
  • DocketMemorandum of Points & Authorities; Filed by: DICK N WALTS MOTOR CO., INC. (Plaintiff)

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  • 07/22/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service /Dismissal scheduled for 05/20/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 07/22/2020
  • DocketMinute Order (Court Order)

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  • 07/22/2020
  • DocketCertificate of Mailing for (Court Order) of 07/22/2020; Filed by: Clerk

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  • 07/22/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/06/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 07/22/2020

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  • 07/08/2020
  • DocketMinute Order (Hearing on Motion to Vacate Dismissal)

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17 More Docket Entries
  • 12/10/2019
  • DocketDefault entered as to AARON FRANK MONTOYA; On the Complaint filed by DICK N WALTS MOTOR CO., INC. on 04/09/2019

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  • 05/06/2019
  • DocketProof of Service by Substituted Service; Filed by: DICK N WALTS MOTOR CO., INC. (Plaintiff); As to: AARON FRANK MONTOYA (Defendant); Proof of Mailing Date: 04/23/2019; Service Cost: 102.40; Service Cost Waived: No

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  • 04/10/2019
  • DocketSummons on Complaint; Issued and Filed by: DICK N WALTS MOTOR CO., INC. (Plaintiff); As to: DONNA LEE RAMOS (Defendant); AARON FRANK MONTOYA (Defendant)

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  • 04/09/2019
  • DocketNon-Jury Trial scheduled for 10/06/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/09/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/12/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/09/2019
  • DocketComplaint; Filed by: DICK N WALTS MOTOR CO., INC. (Plaintiff); As to: DONNA LEE RAMOS (Defendant); AARON FRANK MONTOYA (Defendant)

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  • 04/09/2019
  • DocketCivil Case Cover Sheet; Filed by: DICK N WALTS MOTOR CO., INC. (Plaintiff); As to: DONNA LEE RAMOS (Defendant); AARON FRANK MONTOYA (Defendant)

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  • 04/09/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/09/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/09/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03428    Hearing Date: July 08, 2020    Dept: 26

Dick N Walts Motor Co., Inc. v. Ramos, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Dick N Walts Motor Company, Inc.’s Motion to Vacate Dismissal of Defendant Aaron Frank Montoya is GRANTED. THE DISMISSAL ENTERED ON JANUARY 7, 2020 IS HEREBY VACATED.

ANALYSIS:

Plaintiff Dick N Walts Motor Company, Inc. (“Plaintiff”) filed the instant action for motor vehicle negligence and breach of contract against Defendants Donna Lee Ramos and Aaron Frank Montoya (“Defendants”) on April 9, 2019. No proof of service of the summons and complaint has been filed regarding Defendant Ramos to date. Default was entered against Defendant Montoya on December 10, 2019. On January 7, 2020, Plaintiff requested dismissal of Defendant Montoya, which the Court entered on the same date.

Plaintiff filed the instant Motion to Vacate Dismissal on March 25, 2020. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on January 7, 2020 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 filed the request for dismissal of Defendant Montoya when in fact Plaintiff intends to prosecute the entry of default against him. (Motion, Schroth Jr. Decl., ¶¶2-6.) 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 JANUARY 7, 2020 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE DEFAULT JUDGMENT AGAINST DEFENDANT AARON FRANK MONTOYA SET FOR SEPTEMBER 6, 2020 AT 9:30__ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.