On 01/24/2018 a Personal Injury - Motor Vehicle case was filed by LENAR HILL against TIMOTHY MARK HOWARD in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******1420
01/24/2018
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
HILL LENAR
HOWARD TIMOTHY MARK
7/23/2019: Declaration (name extension) - Declaration of Kenneth C. Yeager Re: Trial Status
7/24/2019: Minute Order - Minute Order (Non-Jury Trial)
11/15/2018: Proof of Personal Service - Proof of Personal Service
1/24/2018: Summons - on Complaint
1/24/2018: Civil Case Cover Sheet
1/24/2018: Complaint
1/24/2018: 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 Service
Hearingat 10:00 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)
DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 12/03/2019 at 10:00 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Non-Jury Trial)
DocketNon-Jury Trial scheduled for 07/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 07/24/2019; Result Type to Not Held - Taken Off Calendar by Court
DocketDeclaration of Kenneth C. Yeager Re: Trial Status; Filed by: Lenar Hill (Plaintiff)
DocketProof of Personal Service; Filed by: Lenar Hill (Plaintiff); As to: Timothy Mark Howard (Defendant); Service Date: 11/03/18; Service Cost: 85.00; Service Cost Waived: No
DocketComplaint; Filed by: Lenar Hill (Plaintiff); As to: Timothy Mark Howard (Defendant)
DocketCivil Case Cover Sheet; Filed by: Lenar Hill (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 07/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 01/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77
Case Number: 18STLC01420 Hearing Date: March 12, 2020 Dept: 26
Hill v. Howard, et al.
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Lenar Hill’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON DECEMBER 3, 2019 IS HEREBY VACATED.
TRIAL IS SET FOR SEPTEMBER 10, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Lenar Hill (“Plaintiff”) filed the instant action for motor vehicle negligence against Timothy Mark Howard (“Defendant”) on January 24, 2018. At the trial date of July 24, 2019, Plaintiff represented he would pursue entry of default and default judgment. The Court set an Order to Show Cause for December 3, 2019 regarding entry of default and default judgment.
On August 30, 2019, however, Defendant filed an Answer prior to any request for entry of default by Plaintiff. At the Order to Show Cause on December 3, 2019, Defendant appeared but Plaintiff did not. The Court therefore dismissed the action without prejudice.
Plaintiff filed the instant Motion to Vacate Dismissal on February 13, 2020. To date, no opposition has been filed.
Discussion
Plaintiff seeks relief from the dismissal entered on December 3, 2019 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 believed that the Order to Show Cause regarding entry of default and default judgment would have been taken off calendar following the filing of Defendant’s Answer. (Motion, Yeager Decl., ¶¶2-7.) 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 DECEMBER 3, 2019 IS HEREBY VACATED.
TRIAL IS SET FOR SEPTEMBER 10, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Moving party to give notice.