This case was last updated from Los Angeles County Superior Courts on 11/27/2020 at 00:05:44 (UTC).

LINDA ORTEGA VS DAVID BARCENAS

Case Summary

On 05/29/2019 LINDA ORTEGA filed a Personal Injury - Uninsured Motor Vehicle lawsuit against DAVID BARCENAS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Dismissed.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******5168

  • Filing Date:

    05/29/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

ORTEGA LINDA

Defendant

BARCENAS DAVID

Attorney/Law Firm Details

Plaintiff Attorney

SOONG DANNY CHIA-CHI

Defendant Attorney

HILL GEOFFREY

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 11/25/2020
  • DocketOn the Complaint filed by Linda Ortega on 05/29/2019, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 11/25/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 11/25/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 11/25/2020; Filed by: Clerk

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  • 11/25/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 11/25/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 11/25/2020

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  • 11/25/2020
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 06/01/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 11/25/2020

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  • 08/08/2019
  • DocketNotice of Posting of Jury Fees; Filed by: David Barcenas (Defendant)

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  • 08/08/2019
  • DocketAnswer; Filed by: David Barcenas (Defendant); As to: Linda Ortega (Plaintiff)

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  • 07/08/2019
  • DocketProof of Personal Service; Filed by: Linda Ortega (Plaintiff); As to: David Barcenas (Defendant); Service Date: 06/29/2019; Service Cost Waived: No

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  • 05/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/29/2019
  • DocketCivil Case Cover Sheet; Filed by: Linda Ortega (Plaintiff); As to: David Barcenas (Defendant)

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  • 05/29/2019
  • DocketSummons on Complaint; Issued and Filed by: Linda Ortega (Plaintiff); As to: David Barcenas (Defendant)

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  • 05/29/2019
  • DocketCivil Case Cover Sheet; Filed by: Linda Ortega (Plaintiff); As to: David Barcenas (Defendant)

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  • 05/29/2019
  • DocketComplaint; Filed by: Linda Ortega (Plaintiff); As to: David Barcenas (Defendant)

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  • 05/29/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/29/2019
  • DocketNon-Jury Trial scheduled for 11/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/29/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC05168    Hearing Date: April 28, 2021    Dept: 26

PROCEEDINGS: MOTION TO VACATE DISMISSAL
MOVING PARTY: Plaintiff Linda Ortega
RESP. PARTY: None
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Linda Ortega’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL
ENTERED ON NOVEMBER 25, 2020 IS HEREBY VACATED.
TRIAL IS RE-SET FOR _November 4, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING
STREET COURTHOUSE.
ANALYSIS:
On May 29, 2019, Plaintiff Linda Ortega (“Plaintiff”) filed the instant action for motor vehicle
negligence against Defendants David Barcenas (“Defendant”). The matter was set for trial on
November 25, 2020. Following Plaintiff’s failure to appear for trial, the Court dismissed the action
without prejudice. On February 26, 2021, the Court denied the parties’ stipulation to vacate dismissal.
Plaintiff filed the instant Motion to Vacate Dismissal on April 6, 2021. No opposition has been filed
to date.
Discussion
Plaintiff seeks relief from the dismissal entered on November 25, 2020 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 brought pursuant to the mandatory provision for relief based on
attorney fault.
The Motion was timely brought less than six months after the dismissal was entered and is supported
by an attorney affidavit of fault. Plaintiff’s attorney declares that that he inadvertently failed to
calendar the trial date. (Motion, Soong Decl., ¶3.) Based on the timely motion supported by an
attorney affidavit of fault, Plaintiff is entitled to an order vacating the dismissal under Code of Civil
Procedure, section 473, subdivision (b).
Conclusion
Plaintiff Linda Ortega’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL
ENTERED ON NOVEMBER 25, 2020 IS HEREBY VACATED.
TRIAL IS RE-SET FOR  November 4, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING
STREET COURTHOUSE.
Moving party to give notice.
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