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.
*******0123
08/24/2017
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
ELAINE LU
WHITE GWENDOLINE
PORTER ANETHIA S.
1/23/2019: Answer - Answer
1/28/2019: Proof of Personal Service - Proof of Personal Service
2/19/2019: Affidavit (name extension) - Affidavit of Support and Supporting Documents to Affidavits
2/21/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 02/21/2019
2/21/2019: Minute Order - Minute Order (Non-Jury Trial)
6/4/2019: Motion to Consolidate - Motion to Consolidate
7/16/2019: Minute Order - Minute Order (Court Order: Re: Hearing on Motion to Consolidate)
7/16/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order: Re: Hearing on Motion to Consolidate) of 07/16/2019
7/30/2019: Notice of Related Case - Notice of Related Case
8/24/2017: Notice of Case Assignment - Limited Civil Case
8/24/2017: Order on Court Fee Waiver (Superior Court)
8/24/2017: Summons - on Complaint
8/24/2017: Civil Case Cover Sheet
8/24/2017: Complaint
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
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNotice of Related Case; Filed by: Anethia S. Porter (Defendant)
DocketHearing on Motion to Consolidate scheduled for 08/14/2019 at 09:00 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Court Order: Re: Hearing on Motion to Consolidate)
DocketCertificate of Mailing for (Court Order: Re: Hearing on Motion to Consolidate) of 07/16/2019; Filed by: Clerk
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
DocketMotion to Consolidate; Filed by: Anethia S. Porter (Defendant)
DocketHearing on Motion to Consolidate scheduled for 07/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketFinal Status Conference scheduled for 08/14/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase reassigned to Stanley Mosk Courthouse in Department 77
DocketComplaint; Filed by: Gwendoline White (Plaintiff); As to: Anethia S. Porter (Defendant)
DocketRequest to Waive Court Fees; Filed by: Gwendoline White (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Gwendoline White (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Gwendoline White (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 02/21/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOSC - Failure to File Proof of Service scheduled for 08/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77
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.