On 02/28/2019 a Personal Injury - Motor Vehicle case was filed by LEONARD NASH against EPIFANIO MORALES in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******2167
02/28/2019
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
JAMES E. BLANCARTE
CARTER ANDREW
NASH LEONARD
MORALES ANASTACIA
MORALES EPIFANIO
6/13/2019: Request for Dismissal - Request for Dismissal
4/2/2019: Proof of Personal Service - Proof of Personal Service
4/2/2019: Proof of Personal Service - Proof of Personal Service
2/28/2019: Complaint - Complaint
2/28/2019: Summons - Summons on Complaint
2/28/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
2/28/2019: First Amended Standing Order - First Amended Standing Order
2/28/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Updated -- Request for Dismissal: As To Parties changed from Epifanio Morales (Defendant), Anastacia Morales (Defendant), Andrew Carter (Plaintiff) to Andrew Carter (Plaintiff), Epifanio Morales (Defendant), Anastacia Morales (Defendant)
Updated -- Request for Dismissal: As To Parties changed from Anastacia Morales (Defendant), Epifanio Morales (Defendant), Andrew Carter (Plaintiff) to Epifanio Morales (Defendant), Anastacia Morales (Defendant)
Non-Jury Trial scheduled for 08/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 06/17/2019
Order to Show Cause Re: Failure to File Proof of Service scheduled for 03/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 06/17/2019
On the Complaint filed by Leonard Nash, et al. on 02/28/2019, entered Request for Dismissal with prejudice filed by Andrew Carter and Leonard Nash as to the entire action
Request for Dismissal; Filed by: Leonard Nash (Plaintiff); As to: Andrew Carter (Plaintiff); Epifanio Morales (Defendant); Anastacia Morales (Defendant)
Proof of Personal Service; Filed by: Leonard Nash (Plaintiff); As to: Epifanio Morales (Defendant); Service Date: 03/26/2019; Service Cost Waived: No
Proof of Personal Service; Filed by: Leonard Nash (Plaintiff); As to: Anastacia Morales (Defendant); Service Date: 03/26/2019; Service Cost Waived: No
Non-Jury Trial scheduled for 08/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Order to Show Cause Re: Failure to File Proof of Service scheduled for 03/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
Complaint; Filed by: Leonard Nash (Plaintiff); Andrew Carter (Plaintiff); As to: Epifanio Morales (Defendant); Anastacia Morales (Defendant)
Summons on Complaint; Issued and Filed by: Leonard Nash (Plaintiff); Andrew Carter (Plaintiff); As to: Epifanio Morales (Defendant); Anastacia Morales (Defendant)
Civil Case Cover Sheet; Filed by: Leonard Nash (Plaintiff); Andrew Carter (Plaintiff); As to: Epifanio Morales (Defendant); Anastacia Morales (Defendant)
Notice of Case Assignment - Limited Civil Case; Filed by: Clerk
First Amended Standing Order; Filed by: Clerk
Case Number: 19STLC02167 Hearing Date: December 05, 2019 Dept: 94
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiffs Leonard Nash and Andrew Carter’s Motion to Vacate Dismissal is GRANTED. DEFENDANTS ARE TO FILE A RESPONSIVE PLEADING WITHIN 20 DAYS. TRIAL IS SET FOR DECEMBER 3, 2020 AT 10:30 AM IN DEPARTMENT 94.
RELIEF REQUESTED: Vacate dismissal of action on grounds of attorney mistake, inadvertence, surprise or excusable neglect.
ANALYSIS:
On February 28, 2019, Plaintiffs Leonard Nash and Andrew Carter (“Plaintiffs”) filed this action for motor vehicle negligence against Defendants Epifanio Morales and Anastacia Morales (“Defendants”). Plaintiff filed a request for dismissal of entire action on June 13, 2019, which the Court entered on the same date. Plaintiff filed the instant Motion to Vacate Dismissal on October 15, 2019.
Plaintiffs move for relief from the dismissal 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 less than six months after dismissal of the action. It is also supported by an attorney affidavit of fault explaining that while a partial settlement was reached between the parties, Plaintiffs’ counsel inadvertently dismissed the entire action. (Motion, Yeager Decl., ¶¶2-4.) Having complied with the statutory requirements, Plaintiffs are entitled to have the dismissal vacated.
Plaintiffs Leonard Nash and Andrew Carter’s Motion to Vacate Dismissal is GRANTED. DEFENDANTS ARE TO FILE A RESPONSIVE PLEADING WITHIN 20 DAYS. TRIAL IS SET FOR DECEMBER 3, 2020 AT 10:30 AM IN DEPARTMENT 94.
Moving party to give notice.