This case was last updated from Los Angeles County Superior Courts on 01/10/2020 at 00:58:17 (UTC).

FRANCISCO MONTANO, ET AL. VS EMANUEL MARTINEZ

Case Summary

On 07/11/2018 FRANCISCO MONTANO filed a Personal Injury - Motor Vehicle lawsuit against EMANUEL MARTINEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9299

  • Filing Date:

    07/11/2018

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiffs

MONTANO FRANCISCO

ACEVEDO JOSE

Defendant

MARTINEZ EMANUEL

Attorney/Law Firm Details

Plaintiff Attorney

KRASS LOUIS

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

1/8/2020: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/08/2020

1/8/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/08/2020

Summons - on Complaint

7/11/2018: Summons - on Complaint

Civil Case Cover Sheet

7/11/2018: Civil Case Cover Sheet

Complaint

7/11/2018: Complaint

Notice of Case Assignment - Limited Civil Case

7/11/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 01/08/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 01/08/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 01/08/2020; Filed by: Clerk

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  • 01/08/2020
  • DocketNon-Jury Trial scheduled for 01/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 01/08/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 01/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/14/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 01/08/2020

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  • 01/08/2020
  • DocketOn the Complaint filed by Francisco Montano, et al. on 07/11/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 07/11/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/11/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/11/2018
  • DocketCivil Case Cover Sheet; Filed by: Francisco Montano (Plaintiff); Jose Acevedo (Plaintiff)

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  • 07/11/2018
  • DocketComplaint; Filed by: Francisco Montano (Plaintiff); Jose Acevedo (Plaintiff); As to: Emanuel Martinez (Defendant)

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  • 07/11/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 07/11/2018
  • DocketNon-Jury Trial scheduled for 01/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/11/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/14/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC09299    Hearing Date: March 02, 2020    Dept: 26

Montano v. Martinez, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Francisco Montano’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JANUARY 8, 2020 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE IS SCHEDULED FOR 06/01/20 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 08/31/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Francisco Montano (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Emmanuel Martinez and Jose Acevedo (“Defendants”) on July 11, 2018. The matter came for trial on January 8, 2020, at which time no party appeared. Indeed, no proof of service has been filed demonstrating service of the Summons and Complaint on either Defendant. When no party appeared at trial, the Court ordered the action dismissed without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3).

Plaintiff filed the instant Motion to Set Aside Dismissal on January 29, 2020. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on January 8, 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 was under the mistaken impression that another law firm was attorney of record on this case and therefore did not appear for trial. (Motion, Krass Decl., ¶¶1-4.) 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 JANUARY 8, 2020 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE IS SCHEDULED FOR 06/01/20 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 08/31/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

Parties may submit via e mail until Monday at 10 a.m.