On 11/17/2017 INTERINSURANCE EXCHANGE OF THE AUTO CLUB filed a Personal Injury - Uninsured Motor Vehicle lawsuit against MEI CUI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
*******5036
11/17/2017
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
INTERINSURANCE EXCHANGE OF THE AUTO CLUB
CUI MEI
MENDELSON LEE MICHAEL
5/15/2019: Minute Order - Minute Order (Court Order)
5/15/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 05/15/2019
6/20/2018: Request for Entry of Default / Judgment
1/5/2018: Proof of Service by Substituted Service
12/6/2017: Declaration (name extension) - of Non Service
12/1/2017: Declaration (name extension) - of Non Service
11/17/2017: Summons - on Complaint
11/17/2017: Civil Case Cover Sheet
11/17/2017: Complaint
11/17/2017: 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: (name extension)
DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 09/16/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Court Order)
DocketCertificate of Mailing for Minute Order (Court Order) of 05/15/2019; Filed by: Clerk
DocketOn the Court's own motion, Non-Jury Trial scheduled for 05/17/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Vacated on 05/15/2019
DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 11/20/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Vacated on 05/15/2019
DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Mei Cui (Defendant)
DocketDefault entered as to Mei Cui; On the Complaint filed by Interinsurance Exchange of the Auto Club on 11/17/2017
DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Mei Cui (Defendant); Proof of Mailing Date: 01/02/2018; Service Cost: 87.50; Service Cost Waived: No
DocketDeclaration of Non Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketDeclaration of Non Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff)
DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Mei Cui (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
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 05/17/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 11/20/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77
Case Number: 17STLC05036 Hearing Date: March 03, 2020 Dept: 26
Interinsurance Exchange of the Automobile Club v. Cui, et al.
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Interinsurance Exchange of the Automobile Club’S Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 16, 2019 IS HEREBY VACATED.
ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT IS SCHEDULED FOR 06/02/20 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 09/01/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Mei Cui (“Defendant”) on November 17, 2017. Following Defendant’s failure to file a responsive pleading, the Court entered her default on June 20, 2018. The Court set an Order to Show Cause Re Entry of Default Judgment/Dismissal for September 16, 2019. Upon Plaintiff’s failure to appear for the Order to Show Cause, the Court dismissed the action without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3).
Plaintiff filed the instant Motion to Set Aside Dismissal on February 4, 2020. To date, no opposition has been filed.
Discussion
Plaintiff seeks relief from the dismissal entered on September 16, 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 attorney affidavit of fault. Plaintiff’s attorney declares that he mis-calendared the date of the Order to Show Cause. (Motion, Schwarz Decl., ¶¶3-4.) 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 SEPTEMBER 16, 2019 IS HEREBY VACATED.
ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT IS SCHEDULED FOR 06/02/20 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 09/01/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Moving party to give notice.