This case was last updated from Los Angeles County Superior Courts on 09/21/2019 at 20:41:16 (UTC).

MACHOUDI A. ALAKA VS BEATRIZ GOMEZ

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6156

  • Filing Date:

    12/27/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiffs

ALAKA MACHOUDI A.

ADESINA LEKE

Defendants

ALVAREZ ROBERTO

GOMEZ BEATRIZ

Attorney/Law Firm Details

Plaintiff Attorney

NWABUZOR OSENWOKWU EMMANUEL

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

6/26/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Non-Jury Trial)]

6/26/2019: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Non-Jury Trial)]

Civil Case Cover Sheet

12/27/2017: Civil Case Cover Sheet

Summons - on Complaint

12/27/2017: Summons - on Complaint

Complaint

12/27/2017: Complaint

Notice of Case Assignment - Limited Civil Case

12/27/2017: Notice of Case Assignment - Limited Civil Case

Order on Court Fee Waiver (Superior Court)

12/27/2017: Order on Court Fee Waiver (Superior Court)

 

Docket Entries

  • 09/12/2019
  • 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 09/12/2019

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  • 06/26/2019
  • DocketCertificate of Mailing for [Minute Order (Non-Jury Trial)]; Filed by: Clerk

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  • 06/26/2019
  • 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)

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  • 06/26/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 06/26/2019
  • 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 Held

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  • 12/28/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 12/27/2017
  • DocketComplaint; Filed by: Machoudi A. Alaka (Plaintiff); As to: Beatriz Gomez (Defendant)

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  • 12/27/2017
  • DocketRequest to Waive Court Fees; Filed by: Machoudi A. Alaka (Plaintiff)

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  • 12/27/2017
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Machoudi A. Alaka (Plaintiff)

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  • 12/27/2017
  • DocketCivil Case Cover Sheet; Filed by: Machoudi A. Alaka (Plaintiff)

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  • 12/27/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/27/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/27/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 12/27/2017
  • DocketNon-Jury Trial scheduled for 06/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 12/27/2017
  • 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 77

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Tentative Rulings

Case Number: 17STLC06156    Hearing Date: February 06, 2020    Dept: 26

Alaka v. Gomez, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

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.

ANALYSIS:

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.

Discussion

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.