This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 19:24:24 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS DELIA HENRY, ET AL.

Case Summary

On 03/05/2018 a Personal Injury - Motor Vehicle case was filed by INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE against DELIA HENRY in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3753

  • Filing Date:

    03/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE

Defendants

HENRY DELIA

HENRY ADRIEN MICHAEL

 

Court Documents

Summons - on Complaint

3/5/2018: Summons - on Complaint

Civil Case Cover Sheet

3/5/2018: Civil Case Cover Sheet

Complaint

3/5/2018: Complaint

Proof of Personal Service

4/4/2018: Proof of Personal Service

Notice of Case Assignment - Limited Civil Case

3/5/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 03/08/2021
  • 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

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  • 09/03/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 04/04/2018
  • DocketProof of Personal Service; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Adrien Michael Henry (Defendant); Service Cost: 133.25; Service Cost Waived: No

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  • 03/07/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse

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  • 03/07/2018
  • DocketNon-Jury Trial scheduled for 09/03/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 03/07/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 03/05/2018
  • DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Delia Henry (Defendant); Adrien Michael Henry (Defendant)

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  • 03/05/2018
  • DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)

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  • 03/05/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC03753    Hearing Date: March 02, 2020    Dept: 25

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.

ANALYSIS:

  1. Background

On March 5, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed an action for subrogation against Defendants Delia Henry and Adrien Henry (collectively, “Defendants”).

A non-jury trial was scheduled for September 3, 2019. Due to the matter being placed on second call and there being no appearance by either side by 8:55 a.m., the Court dismissed the entire case without prejudice. (9/3/19 Minute Order.)

On January 24, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal (the “Motion”). To date, no opposition or reply briefs have been filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 1.) 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 Court’s September 3, 2019 dismissal due to Plaintiff’s counsel’s inadvertence, surprise, and excusable neglect. (Mot., p. 3:3-7.) Specifically, Plaintiff’s counsel states that, although she had been diligently working on this matter, she failed to appear for the scheduled non-jury trial because the hearing had been improperly caledared. (Mot., McClain Decl., ¶ 4-5.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, Plaintiff’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal is GRANTED.

Moving party is ordered to give notice.