On 03/27/2019 a Contract - Insurance case was filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE against SHAYNE WEST in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******3027
03/27/2019
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
WENDY CHANG
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INSURANCE EXCHANGE
WEST SHAYNE
9/6/2019: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))
9/6/2019: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/06/2019
7/8/2019: Notice of Settlement - Notice of Settlement
4/29/2019: Answer - Answer
4/30/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) GRANTED
5/9/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
3/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
3/27/2019: Summons - Summons on Complaint
3/27/2019: Complaint - Complaint
3/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
3/27/2019: First Amended Standing Order - First Amended Standing Order
DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))
DocketCertificate of Mailing for (Order to Show Cause Re: Dismissal (Settlement)) of 09/06/2019; Filed by: Clerk
DocketOn the Complaint filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE on 03/27/2019, entered Order for Dismissal without prejudice as to the entire action
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/06/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 09/06/2019; Result Type to Held
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 09/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 07/08/2019
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 07/08/2019
DocketNotice of Settlement; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); Vacate Future Dates: No
DocketProof of Service by Substituted Service; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant); Proof of Mailing Date: 04/23/2019; Service Cost: 120.00; Service Cost Waived: No
DocketUpdated -- Request to Waive Court Fees: Filed By: SHAYNE WEST (Defendant); Result: Granted; Result Date: 04/30/2019; As To Parties: SHAYNE WEST (Defendant)
DocketRequest to Waive Court Fees; Filed by: SHAYNE WEST (Defendant)
DocketAnswer; Filed by: SHAYNE WEST (Defendant)
DocketNon-Jury Trial scheduled for 09/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)
DocketCivil Case Cover Sheet; Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)
DocketSummons on Complaint; Issued and Filed by: INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE (Plaintiff); As to: SHAYNE WEST (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
Case Number: 19STLC03027 Hearing Date: January 21, 2020 Dept: 26
: Interinsurance Exchange of the Automobile Club v. West, et al.
MOTION TO SET ASIDE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
PLAINTIFF INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB’S MOTION TO SET ASIDE DISMISSAL IS GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 6, 2019 IS HEREBY VACATED.
ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) IS SCHEDULED FOR 01/21/21 AT 08:30 AM IN DEPARTMENT 26.
ANALYSIS:
On March 27, 2019, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Shayne West (“Defendant”). On July 8, 2019, Plaintiff filed a Notice of Settlement of Entire Case. The Court set an OSC re dismissal and entry of default for September 6, 2019. When no party appeared for the OSC, the Court dismissed the entire action without prejudice.
Plaintiff filed the instant Motion to Vacate Dismissal on November 20, 2019. To date, no opposition has been filed.
Discussion
Plaintiff seeks relief from the dismissal 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 OSC. (Motion, Tapper Decl., ¶¶2-4.) Plaintiff also demonstrates that the parties have reached a settlement in this action. (Id. at ¶2.) 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 6, 2019 IS HEREBY VACATED.
ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) IS SCHEDULED FOR 01/21/21 AT 08:30 AM IN DEPARTMENT 26.
Moving party to give notice.