This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 15:27:14 (UTC).

ELSA GONZALEZ, ET AL. VS ROGELIO ABUNDIS, ET AL.

Case Summary

On 02/05/2018 a Personal Injury - Motor Vehicle case was filed by ELSA GONZALEZ against ROGELIO ABUNDIS in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2204

  • Filing Date:

    02/05/2018

  • 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

GEORGINA T. RIZK

 

Party Details

Plaintiffs

GONZALEZ ELSA

GONZALEZ SAMANTHA

URENO ELSA

Defendants

ABUNDIS YESENIA

ABUNDIS ROGELIO

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 08/05/2019

8/5/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 08/05/2019

Minute Order - Minute Order (Non-Jury Trial)

8/5/2019: Minute Order - Minute Order (Non-Jury Trial)

Summons - on Complaint

2/5/2018: Summons - on Complaint

Civil Case Cover Sheet

2/5/2018: Civil Case Cover Sheet

Complaint

2/5/2018: Complaint

Notice of Case Assignment - Limited Civil Case

2/5/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 08/05/2019
  • DocketOn the Complaint filed by Elsa Gonzalez, et al. on 02/05/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 08/05/2019
  • DocketNon-Jury Trial scheduled for 08/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/05/2019; Result Type to Held

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  • 08/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 08/05/2019

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  • 08/05/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 08/05/2019
  • DocketCertificate of Mailing for (Non-Jury Trial) of 08/05/2019; Filed by: Clerk

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  • 02/05/2018
  • DocketComplaint; Filed by: Elsa Gonzalez (Plaintiff); Samantha Gonzalez (Plaintiff); Elsa Ureno (Plaintiff); As to: Rogelio Abundis (Defendant); Yesenia Abundis (Defendant)

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  • 02/05/2018
  • DocketCivil Case Cover Sheet; Filed by: Elsa Gonzalez (Plaintiff); Samantha Gonzalez (Plaintiff); Elsa Ureno (Plaintiff)

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  • 02/05/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/05/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 02/05/2018
  • DocketNon-Jury Trial scheduled for 08/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/05/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC02204    Hearing Date: February 19, 2020    Dept: 26

TENTATIVE RULING:

Plaintiffs Elsa Gonzalez, Elsa Ureno and Samantha Gonzalez’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on August 5, 2019 is hereby vacated.

Order to Show Re Failure to File Proof of Service and Order to Show Cause Re Dismissal/Settlement are scheduled for 05/19/20 at 08:30 AM in Department 26 in the Spring Street Courthouse. Failure to appear may result in the action being dismissed.

Trial date reset for 08/19/20 at 8:30 am in Department 26 in the Spring Street Courthouse.

ANALYSIS:

Plaintiffs Elsa Gonzalez, Samantha Gonzalez and Elsa Ureno (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Rogelio Abundis and Yesenia Abundis (“Defendants”) on February 5, 2018. Nothing happened in the action until the original trial date of August 5, 2019. Indeed, no proof of service has been filed demonstrating service of the Summons and Complaint on Defendants. When neither party appeared at trial, the Court ordered the action dismissed without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3). On December 30, 2019, Plaintiffs filed the instant Motion to Set Aside Dismissal. To date, no opposition has been filed.

Discussion

Plaintiffs seek relief from the dismissal entered on August 5, 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 affidavit of fault. Plaintiffs’ attorney explains that while the case was settled as to Plaintiffs Elsa Ureno and Samantha Gonzalez, no settled was reached regarding Plaintiff Elsa Gonzalez’s claims. (Motion, Moore Decl., ¶2.) Plaintiffs’ counsel, however, failed to calendar the trial date and did not appear at trial for that reason. (Ibid.)

Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiffs’ Motion to Vacate Dismissal is GRANTED. The dismissal entered on August 5, 2019 is hereby vacated.

Order to Show Cause Re Failure to File Proof of Service and Order to Show Cause Re Dismissal/Settlement are scheduled for 05/19/20 at 08:30 AM in Department 26 in the Spring Street Courthouse. Failure to appear may result in the action being dismissed.

Trial date reset for 08/19/20 at 8:30 am in Department 26 in the Spring Street Courthouse.

Moving party to give notice.