This case was last updated from Los Angeles County Superior Courts on 11/07/2020 at 02:38:46 (UTC).

JEFFREY CRUZ VS NILA ODILA CALDERON

Case Summary

On 03/15/2019 JEFFREY CRUZ filed a Personal Injury - Motor Vehicle lawsuit against NILA ODILA CALDERON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2610

  • Filing Date:

    03/15/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

CRUZ JEFFREY

Defendants

CALDERON NILA ODILA

CALDERON NILY ODILA

Attorney/Law Firm Details

Plaintiff Attorney

AKHIDENOR MICHAEL

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Failure to File Proof of Service) of 11/05/2020

11/5/2020: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Failure to File Proof of Service) of 11/05/2020

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

11/5/2020: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

2/13/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 09/10/2020

9/10/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 09/10/2020

Minute Order - Minute Order (Court Order)

9/10/2020: Minute Order - Minute Order (Court Order)

Civil Case Cover Sheet - Civil Case Cover Sheet

3/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

3/15/2019: Complaint - Complaint

Summons - Summons on Complaint

3/15/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

3/15/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 11/05/2020
  • DocketOn the Complaint filed by Jeffrey Cruz on 03/15/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 11/05/2020
  • DocketMinute Order (Order to Show Cause Re: Failure to File Proof of Service)

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  • 11/05/2020
  • DocketCertificate of Mailing for (Order to Show Cause Re: Failure to File Proof of Service) of 11/05/2020; Filed by: Clerk

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  • 11/05/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/05/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/05/2020; Result Type to Held

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  • 11/05/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/18/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 11/05/2020

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  • 09/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/05/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/10/2020
  • DocketMinute Order (Court Order)

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  • 09/10/2020
  • DocketCertificate of Mailing for (Court Order) of 09/10/2020; Filed by: Clerk

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  • 09/10/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 09/11/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 09/10/2020

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  • 02/13/2020
  • DocketUpdated -- Nily Odila Calderon (Defendant): First Name changed from Nila to Nily

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  • 02/13/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Signed and Filed by: Jeffrey Cruz (Plaintiff); As to: Nily Odila Calderon (Defendant); Type: Incorrect Name

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  • 03/15/2019
  • DocketComplaint; Filed by: Jeffrey Cruz (Plaintiff); As to: Nila Odila Calderon (Defendant)

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  • 03/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Jeffrey Cruz (Plaintiff); As to: Nila Odila Calderon (Defendant)

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  • 03/15/2019
  • DocketSummons on Complaint; Issued and Filed by: Jeffrey Cruz (Plaintiff); As to: Nila Odila Calderon (Defendant)

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  • 03/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/15/2019
  • DocketNon-Jury Trial scheduled for 09/11/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/15/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/15/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC02610    Hearing Date: March 29, 2021    Dept: 25

HEARING DATE: Mon., March 29, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Cruz v. Calderon COMPL. FILED: 03-15-19

CASE NUMBER: 19STLC02610 DISMISSAL: 11-05-20

NOTICE: OK

PROCEEDINGS: MOTION TO VACATE DISMISSAL

MOVING PARTY: Plaintiff Jeffrey Cruz

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Jeffrey Cruz’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on November 5, 2020 is HEREBY VACATED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 25, 2021 [ ] Late [X] None

REPLY: None filed as of March 25, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On March 15, 2019, Plaintiff Jeffrey Cruz (“Plaintiff”) filed an action for negligence against Nila Odila Calderon (“Defendant”). Plaintiff filed an amendment to the Complaint correcting Defendant’s name to “Nily” Odila Calderon on February 13, 2020.

On September 10, 2020, upon review of the case, the Court found that a proof of service had not yet been filed. (9/10/20 Minute Order.) The non-jury trial scheduled for September 11, 2020 was vacated and the Court set an OSC re Failure to File a Proof of Service for November 5, 2020. (Id.) The Court warned that failure to appear at the hearing could result in the case being dismissed. (Id.)

The parties did not appear at the November 5 hearing, so the Court dismissed the Complaint without prejudice. (11/5/20 Minute Order.)

On December 23, 2020, Plaintiff filed the instant Motion to Vacate Dismissal (the “Motion”). No opposition was filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 3.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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. He seeks to set aside the dismissal entered on November 5, 2020 due to Plaintiff’s counsel’s mistake, inadvertence, surprise, and excusable neglect. (Mot., p. 3:10-17.) Specifically, Plaintiff’s counsel states he did not appear at the November 5 hearing due to a calendaring error. (Id., Akhidenor Decl., ¶¶ 4, 8.)

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

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Jeffrey Cruz’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on November 5, 2020 is HEREBY VACATED.

Moving party is ordered to give notice.