On 12/27/2017 MACHOUDI A ALAKA filed a Personal Injury - Motor Vehicle lawsuit against BEATRIZ GOMEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Dismissed.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
ALAKA MACHOUDI A.
NWABUZOR OSENWOKWU EMMANUEL
6/26/2019: Minute Order - Minute Order (Non-Jury Trial)
6/26/2019: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Non-Jury Trial)]
12/27/2017: Civil Case Cover Sheet
12/27/2017: Summons - on Complaint
12/27/2017: Notice of Case Assignment - Limited Civil Case
12/27/2017: Order on Court Fee Waiver (Superior Court)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/30/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 09/12/2019Read MoreRead Less
DocketCertificate of Mailing for [Minute Order (Non-Jury Trial)]; Filed by: ClerkRead MoreRead Less
DocketOn the Complaint filed by Machoudi A. Alaka, et al. on 12/27/2017, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)Read MoreRead Less
DocketMinute Order (Non-Jury Trial)Read MoreRead Less
DocketNon-Jury Trial scheduled for 06/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 06/26/2019; Result Type to HeldRead MoreRead Less
DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on ComplaintRead MoreRead Less
DocketComplaint; Filed by: Machoudi A. Alaka (Plaintiff); As to: Beatriz Gomez (Defendant)Read MoreRead Less
DocketRequest to Waive Court Fees; Filed by: Machoudi A. Alaka (Plaintiff)Read MoreRead Less
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Machoudi A. Alaka (Plaintiff)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Machoudi A. Alaka (Plaintiff)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk CourthouseRead MoreRead Less
DocketNon-Jury Trial scheduled for 06/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77Read MoreRead Less
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 12/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77Read MoreRead Less
Case Number: 17STLC06156 Hearing Date: February 06, 2020 Dept: 26
Alaka v. Gomez, et al.
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
Plaintiff Machoudi A. Alaka’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JUNE 26, 2019 IS HEREBY VACATED.
ORDER TO SHOW RE STATUS OF CASE IS SCHEDULED FOR 03/05/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Plaintiff Machoudi A. Alaka (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Beatriz Gomez (“Defendant”) on December 27, 2017. Nothing happened in the action until the original trial date of June 26, 2019. Indeed, no proof of service has been filed demonstrating service of the Summons and Complaint on Defendant. When neither party appeared at trial, the Court ordered the action dismissed without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3). On December 19, 2019, Plaintiff filed the instant Motion to Set Aside Dismissal. To date, no opposition has been filed.
Plaintiff seeks relief from the dismissal entered on June 26, 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 affidavit of fault. Plaintiff’s attorney explains that on March 13, 2018, Defendant’s insurance company Access General Insurance Company was found insolvent by a federal bankruptcy court, resulting in an automatic stay of all pending claims and lawsuits against its insureds. (Motion, Nwabuzor Decl., ¶¶4-5.) As a result, an employee of Plaintiff’s attorney’s office mistakenly placed the case file with the inactive/closed cases. (Id. at ¶6.) Subsequently the file was transferred to the California Insurance Guarantee Association for further handling as dictated by the Insurance Code. (Id. at ¶7.) Plaintiff’s attorney did not hear from CIGA until December 13, 2019, at which time the dismissal was brought to his attention. (Id. at ¶¶8-9.)
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 June 26, 2019 is hereby vacated.
Order to Show Re Status of Case is scheduled for 03/05/20 at 08:30 AM in Department 26 in the Spring Street Courthouse.
Moving party to give notice.