This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 06:34:39 (UTC).

GWENDOLINE WHITE VS ANETHIA S. PORTER

Case Summary

On 08/24/2017 GWENDOLINE WHITE filed a Contract - Other Contract lawsuit against ANETHIA S PORTER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0123

  • Filing Date:

    08/24/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

WHITE GWENDOLINE

Defendant

PORTER ANETHIA S.

 

Court Documents

Answer - Answer

1/23/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

1/28/2019: Proof of Personal Service - Proof of Personal Service

Affidavit (name extension) - Affidavit of Support and Supporting Documents to Affidavits

2/19/2019: Affidavit (name extension) - Affidavit of Support and Supporting Documents to Affidavits

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 02/21/2019

2/21/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 02/21/2019

Minute Order - Minute Order (Non-Jury Trial)

2/21/2019: Minute Order - Minute Order (Non-Jury Trial)

Motion to Consolidate - Motion to Consolidate

6/4/2019: Motion to Consolidate - Motion to Consolidate

Minute Order - Minute Order (Court Order: Re: Hearing on Motion to Consolidate)

7/16/2019: Minute Order - Minute Order (Court Order: Re: Hearing on Motion to Consolidate)

Certificate of Mailing for - Certificate of Mailing for (Court Order: Re: Hearing on Motion to Consolidate) of 07/16/2019

7/16/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order: Re: Hearing on Motion to Consolidate) of 07/16/2019

Notice of Related Case - Notice of Related Case

7/30/2019: Notice of Related Case - Notice of Related Case

Notice of Case Assignment - Limited Civil Case

8/24/2017: Notice of Case Assignment - Limited Civil Case

Order on Court Fee Waiver (Superior Court)

8/24/2017: Order on Court Fee Waiver (Superior Court)

Summons - on Complaint

8/24/2017: Summons - on Complaint

Civil Case Cover Sheet

8/24/2017: Civil Case Cover Sheet

Complaint

8/24/2017: Complaint

2 More Documents Available

 

Docket Entries

  • 08/27/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 08/21/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 07/30/2019
  • DocketNotice of Related Case; Filed by: Anethia S. Porter (Defendant)

    Read MoreRead Less
  • 07/16/2019
  • DocketHearing on Motion to Consolidate scheduled for 08/14/2019 at 09:00 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/16/2019
  • DocketMinute Order (Court Order: Re: Hearing on Motion to Consolidate)

    Read MoreRead Less
  • 07/16/2019
  • DocketCertificate of Mailing for (Court Order: Re: Hearing on Motion to Consolidate) of 07/16/2019; Filed by: Clerk

    Read MoreRead Less
  • 07/16/2019
  • DocketOn the Court's own motion, Hearing on Motion to Consolidate scheduled for 07/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 08/14/2019 09:00 AM

    Read MoreRead Less
  • 06/04/2019
  • DocketMotion to Consolidate; Filed by: Anethia S. Porter (Defendant)

    Read MoreRead Less
  • 06/04/2019
  • DocketHearing on Motion to Consolidate scheduled for 07/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 02/21/2019
  • DocketFinal Status Conference scheduled for 08/14/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
7 More Docket Entries
  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

    Read MoreRead Less
  • 08/24/2017
  • DocketComplaint; Filed by: Gwendoline White (Plaintiff); As to: Anethia S. Porter (Defendant)

    Read MoreRead Less
  • 08/24/2017
  • DocketRequest to Waive Court Fees; Filed by: Gwendoline White (Plaintiff)

    Read MoreRead Less
  • 08/24/2017
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Gwendoline White (Plaintiff)

    Read MoreRead Less
  • 08/24/2017
  • DocketCivil Case Cover Sheet; Filed by: Gwendoline White (Plaintiff)

    Read MoreRead Less
  • 08/24/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 08/24/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 08/24/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

    Read MoreRead Less
  • 08/24/2017
  • DocketNon-Jury Trial scheduled for 02/21/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less
  • 08/24/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 08/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less

Tentative Rulings

Case Number: 17STLC00123    Hearing Date: January 23, 2020    Dept: 26

White v. Porter, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

No tentative ruling to issue at this time regarding Plaintiff Gwendoline White’s Motion to Vacate Dismissal. Ruling to depend on what happens at the hearing.

ANALYSIS:

Plaintiff Gwendoline White (“Plaintiff”) filed the instant action for breach of contract against Defendant Anethia Porter (“Defendant”) on August 24, 2017. Nothing happened in the action until January 23, 2019, when Defendant filed her Answer. On the original trial date of February 21, 2019, the Court continued the trial to August 21, 2019. On August 14, 2019, the Court held a final status conference and denied Defendant’s Motion to Consolidate this action with Porter v. White, LASC Case No. 19STCV01683. The Court again continued the trial date to November 14, 2019.

When the matter came for trial on November 14, 2019, Plaintiff failed to appear and the Court granted Defendant’s oral motion to dismiss the case. On November 20, 2019, Plaintiff filed the instant Motion to Set Aside Default and Default Judgment. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from “the default and any judgment” taken against her pursuant to Code of Civil Procedure, section 473, subdivision (b). As default and default judgment cannot (and has not) been entered against Plaintiff on the Complaint, the Court assumes that Plaintiff is moving to set aside the dismissal entered on November 14, 2019.

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. Plaintiff’s declares that she failed to appear at the November 14, 2019 trial date due to a flare up of her sciatica, which makes it very difficult to walk. (Motion, White Decl., ¶2.) Plaintiff is also experiencing failing vision. (Id. at ¶3.) While the Court finds that Plaintiff has provided an adequate explanation for failing to appear on November 14, 2019, it is concerned that she has not demonstrated reasonable action otherwise. For example, if Plaintiff was unable to appear, why did she not reach out to the Court or Defendant? Also, how will Plaintiff ensure her appearance at future hearing and trial dates given her medical condition? Finally, given the multiple trial continuances, is Plaintiff currently trial-ready? Based on the foregoing, the Court is inclined to grant the Motion to Vacate the Dismissal upon Plaintiff’s appearance at the hearing and if she is able to provide a reasonable response to these concerns.

No tentative ruling to issue at this time.