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.
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB AN INTERINSURANCE EXCHANGE
HENRY ADRIEN MICHAEL
3/5/2018: Summons - on Complaint
3/5/2018: Civil Case Cover Sheet
4/4/2018: Proof of Personal Service
3/5/2018: 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 ServiceRead MoreRead Less
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory TransferRead MoreRead Less
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: NoRead MoreRead Less
DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk CourthouseRead MoreRead Less
DocketNon-Jury Trial scheduled for 09/03/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77Read MoreRead Less
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 77Read MoreRead Less
DocketComplaint; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff); As to: Delia Henry (Defendant); Adrien Michael Henry (Defendant)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Interinsurance Exchange of the Automobile Club, an interinsurance exchange (Plaintiff)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
Case Number: 18STLC03753 Hearing Date: March 02, 2020 Dept: 25
MOTION TO SET ASIDE DISMISSAL
(CCP § 473(b))
Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Set Aside Dismissal is GRANTED.
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.
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.
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.