On 06/20/2018 INTERINSURANCE EXCHANGE OF THE AUTO CLUB filed a Personal Injury - Uninsured Motor Vehicle lawsuit against PATTAM AVNU WANGNAIKOO. 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.
*******8722
06/20/2018
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
INTERINSURANCE EXCHANGE OF THE AUTO CLUB
CABRERA JONATHAN
WANGNAIKOO PATTAM AVNU DBA ROWLAND HEIGHTS LUBE N TUNE
CABRERA JONATHAN
MENDELSON LEE MICHAEL
12/18/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/18/2019
12/18/2019: Order - Dismissal - Order - Dismissal
12/18/2019: Minute Order - Minute Order (Non-Jury Trial)
9/13/2018: Notice of Rejection Default/Clerk's Judgment
8/8/2018: Answer
8/8/2018: Summons - on Cross Complaint
8/8/2018: Cross-Complaint
7/2/2018: Proof of Personal Service
7/5/2018: Proof of Service by Substituted Service
6/20/2018: Summons - on Complaint
6/20/2018: Civil Case Cover Sheet
6/20/2018: Complaint
6/20/2018: Notice of Case Assignment - Limited Civil Case
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/23/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 12/20/2019
DocketOrder - Dismissal; Filed by: Court
DocketOn the Cross-Complaint filed by Jonathan Cabrera, et al. on 08/08/2018, entered Order for Dismissal without prejudice as to Pattam Avnu Wangnaikoo
DocketOn the Complaint filed by Interinsurance Exchange of the Auto Club on 06/20/2018, entered Order for Dismissal without prejudice as to the entire action
DocketMinute Order (Non-Jury Trial)
DocketCertificate of Mailing for (Non-Jury Trial) of 12/18/2019; Filed by: Clerk
DocketNon-Jury Trial scheduled for 12/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/18/2019; Result Type to Held
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk
DocketRequest for Entry of Default / Judgment; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Pattam Avnu Wangnaikoo (Defendant)
DocketSummons on Cross Complaint; Issued and Filed by: Clerk
DocketProof of Service by Substituted Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Pattam Avnu Wangnaikoo (Defendant); Proof of Mailing Date: 06/30/2018; Service Cost: 92.00; Service Cost Waived: No
DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Jonathan Cabrera (Defendant); Service Date: 06/28/18; Service Cost: 92.00; Service Cost Waived: No
DocketComplaint; Filed by: Interinsurance Exchange of the Auto Club (Plaintiff); As to: Pattam Avnu Wangnaikoo (Defendant); Jonathan Cabrera (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. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 12/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/23/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 18STLC08722 Hearing Date: February 27, 2020 Dept: 25
MOTION TO SET ASIDE/VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Interinsurance Exchange of the Automobile Club’s Motion for Order Vacating Entry of Dismissal is GRANTED.
ANALYSIS:
Background
On June 20, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action for subrogation and indebtedness against Defendants Pattam Avnu Wangnaikoo dba Rowland Heights Lube N Tune (“Lube N Tune”) and Jonathan Cabrera (“Cabrera”) (collectively, “Defendants”). On August 8, 2018, Defendant Cabrera filed an Answer and Cross-Complaint against Defendant Lube N Tune.
A non-jury trial was scheduled for December 18, 2019. After the matter was placed on second call and because there were no appearances by either side by 9:01 a.m., the Court ordered the entire case dismissed without prejudice. (12/18/19 Minute Order.)
On January 13, 2020, Plaintiff filed the instant Motion for Order Vacating Entry of Dismissal (the “Motion”). To date, no opposition or reply briefs have been filed.
Legal Standard & Discussion
Pursuant to Code of Civil Procedure section 473, subdivision (b), an application for relief from a judgment, dismissal, order, or other proceeding taken against a party 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 Court’s December 18, 2019 Dismissal due to Plaintiff’s counsel’s mistake and neglect. (Mot., Schwarz Decl., ¶ 6) Specifically, Plaintiff’s counsel states that he mis-calendared the hearing, and as a result did not appear for trial. (Id. at ¶ 4.)
Based on the timely request to vacate the dismissal supported by an affidavit of fault, Plaintiff’s unopposed Motion is GRANTED.
Conclusion & Order
For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion for Order Vacating Entry of Dismissal is GRANTED.
Moving party is ordered to give notice.