On 02/15/2018 a Personal Injury - Uninsured Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTO CLUB against ERNESTO ARIPZE in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******3136
02/15/2018
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
INTERINSURANCE EXCHANGE OF THE AUTO CLUB
CARBAJAL JAVIER GONZALEZ
ARIPZE ERNESTO
7/11/2019: Declaration (name extension) - Declaration Declaration of Geon Lim in Support of Request for Entry of Default Judgment
7/11/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
7/11/2019: Declaration (name extension) - Declaration Declaration in Support of Request for Entry of Default Judgment
7/11/2019: Request for Dismissal - Request for Dismissal
2/7/2019: Declaration (name extension) - Declaration Re: 585(d) & 1033
2/7/2019: Request for Dismissal - Request for Dismissal
3/7/2019: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort
3/23/2018: Proof of Service by Substituted Service
3/12/2018: Proof of Service by Substituted Service
2/15/2018: Summons - on Complaint
2/15/2018: Civil Case Cover Sheet
2/15/2018: Complaint
6/28/2018: Request for Entry of Default / Judgment
2/15/2018: Notice of Case Assignment - Limited Civil Case
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
DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketDeclaration Declaration in Support of Request for Entry of Default Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketRequest for Dismissal; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketDeclaration Declaration of Geon Lim in Support of Request for Entry of Default Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Javier Gonzalez Carbajal (Defendant)
Docket; On the Complaint filed by Interinsurance Exchange of the Auto Club on 02/15/2018
DocketDefault entered as to Javier Gonzalez Carbajal; On the Complaint filed by Interinsurance Exchange of the Auto Club on 02/15/2018
DocketUpdated -- Lee Michael Mendelson (Attorney): Organization Name changed from Mendelson Goldman & Schwarz, APC to Mendelson Schwarz, A Professional Law Corporation
DocketAddress for Lee Michael Mendelson (Attorney) null
DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Ernesto Aripze (Defendant); Proof of Mailing Date: 03/18/18; Service Cost: 92.00; Service Cost Waived: No
DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Javier Gonzalez Carbajal (Defendant); Proof of Mailing Date: 03/08/2018; Service Cost: 92.00; Service Cost Waived: No
DocketDeclaration of Non Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 08/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Ernesto Aripze (Defendant); Javier Gonzalez Carbajal (Defendant)
DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
Case Number: 18STLC03136 Hearing Date: January 22, 2020 Dept: 25
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion for Order Vacating Entry of Dismissal is GRANTED. THE DISMISSAL ENTERED ON AUGUST 15, 2019 IS HEREBY VACATED.
ANALYSIS:
I. Background
On February 15, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action against Defendants Ernesto Aripze and Javier Gonzalez Carbajal (collectively, “Defendants”) for subrogation and indebtedness.
On August 15, 2019, during the scheduled non-jury trial, the appearing attorney for Plaintiff orally requested that the Complaint be dismissed without prejudice. (8/15/19 Minute Order.)
On November 25, 2019, Plaintiff filed the instant Motion for Order Vacating Entry of Dismissal (the “Motion”).
To date, no opposition or reply briefs have been filed.
II. Legal Standard & Discussion
Plaintiff seeks to vacate dismissal entered on August 15, 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.)
Plaintiff’s Motion is timely. Plaintiff seeks to set aside the dismissal due to Plaintiff’s counsel’s mistake, inadvertence, surprise, or neglect. Specifically, Plaintiff’s counsel states that when this matter came before the Court for the scheduled non-jury trial, he mistakenly told the appearance attorney to dismiss the case instead of requesting a continuance. (Mot., Schwarz Decl.., ¶ 3.)
Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiff’s Motion is GRANTED.
III. Conclusion & Order
For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion for Order Vacating Entry of Dismissal is GRANTED. THE DISMISSAL ENTERED ON AUGUST 15, 2019 IS HEREBY VACATED.
Moving party is ordered to give notice.