On 05/16/2018 a Personal Injury - Motor Vehicle case was filed by JUAN CONTRERAS against CESAR RICARDO OCHOA GARFIAS in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******7465
05/16/2018
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
CONTRERAS JUAN
VILLANUEVA KRYSTAL
DE ALBA-GONZALEZ JOSE
OCHOA GARFIAS CESAR RICARDO
8/2/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
5/16/2018: Complaint
5/16/2018: Civil Case Cover Sheet
11/21/2018: Summons - Summons on Complaint
4/11/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
5/16/2018: Notice of Case Assignment - Limited Civil Case
5/16/2018: Order on Court Fee Waiver (Superior Court)
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
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketProof of Service by Substituted Service; Filed by: Juan Contreras (Plaintiff); As to: Jose De Alba-Gonzalez (Defendant); Proof of Mailing Date: 07/13/2019; Service Cost: 45.00; Service Cost Waived: No
DocketProof of Service by Substituted Service; Filed by: Juan Contreras (Plaintiff); As to: Cesar Ricardo Ochoa Garfias (Defendant); Proof of Mailing Date: 03/26/2019; Service Cost: 55.00; Service Cost Waived: No
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketSummons on Complaint; Filed by:
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 11/13/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/19/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: Juan Contreras (Plaintiff); Krystal Villanueva (Plaintiff); As to: Cesar Ricardo Ochoa Garfias (Defendant); Jose De Alba-Gonzalez (Defendant)
DocketRequest to Waive Court Fees; Filed by: Juan Contreras (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Juan Contreras (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Juan Contreras (Plaintiff); Krystal Villanueva (Plaintiff)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
Case Number: 18STLC07465 Hearing Date: January 30, 2020 Dept: 25
MOTION TO SET ASIDE/VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiffs Juan Contreras and Crystal Villanueva’s Motion to Set Aside Dismissal is GRANTED.
ANALYSIS:
I. Background
On May 16, 2018, Plaintiffs Juan Contreras and Crystal Villanueva (collectively, “Plaintiffs”) filed an action for motor vehicle negligence and general negligence against Cesar Ricardo Ochoa Garfias and Jose De Alba-Gonzalez (collectively, “Defendants”).
On November 13, 2019, the matter was scheduled for a non-jury trial. After the matter was placed on second call and there being no appearances by either party by 8:59 a.m., the Court dismissed entire case without prejudice. (11/13/19 Minute Order.)
On December 27, 2019, Plaintiffs filed the instant Motion to Set Aside Dismissal (the “Motion”).
To date, no opposition or reply briefs have been filed.
II. Legal Standard & Discussion
Plaintiffs seek 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.)
Plaintiffs’ Motion was timely filed on December 27, 2019. Plaintiffs seek to set aside the Court’s November 13, 2019 dismissal due to Plaintiffs’ counsel’s mistake, inadvertence, surprise, or neglect. (Mot., p 2.) Specifically, Plaintiffs’ counsel explains he was late to the hearing because he attended another matter in Department 97 that same morning. (Mot., Partiyeli Decl., ¶ 6, Exh. A.) He further states the case was dismissed because he was unsuccessful in juggling both matters and that Plaintiffs should not be punished for his inadvertence, mistake, and excusable neglect. (Id., ¶¶ 6, 11.)
Based on the time request to vacate the dismissal supported by an attorney affidavit of fault, Plaintiffs’ Motion is GRANTED.
III. Conclusion & Order
For the foregoing reasons, Plaintiffs Juan Contreras and Crystal Villanueva’s Motion to Set Aside Dismissal is GRANTED.
Moving parties are ordered to give notice.