This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 20:13:59 (UTC).

MELODY LEES HOLTZENDORFF VS ROBERT ESCOBEDO, JR.

Case Summary

On 12/18/2017 MELODY LEES HOLTZENDORFF filed a Personal Injury - Motor Vehicle lawsuit against ROBERT ESCOBEDO, JR. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6046

  • Filing Date:

    12/18/2017

  • Case Status:

    Pending - Other Pending

  • 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

Plaintiff

HOLTZENDORFF MELODY LEES

Defendants

ESCOBEDO MANA RACQUEL

ESCOBEDO ROBERT JR.

Attorney/Law Firm Details

Plaintiff Attorney

FERNANDEZ NORMAN GREGORY

 

Court Documents

Motion re: (name extension) - for equitable relief to back date the Complaint

6/15/2018: Motion re: (name extension) - for equitable relief to back date the Complaint

Order (name extension) - TO BACK DATE COMPLAINT TO DECEMBER 18, 2017

8/30/2018: Order (name extension) - TO BACK DATE COMPLAINT TO DECEMBER 18, 2017

Minute Order - (Hearing on Motion - Other for equitable relief to back date C...)

8/30/2018: Minute Order - (Hearing on Motion - Other for equitable relief to back date C...)

Complaint

12/20/2017: Complaint

Summons - on Complaint

12/20/2017: Summons - on Complaint

Civil Case Cover Sheet

12/20/2017: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

12/20/2017: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 12/23/2020
  • 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

    Read MoreRead Less
  • 08/30/2018
  • DocketMinute Order (Hearing on Motion - Other for equitable relief to back date C...)

    Read MoreRead Less
  • 08/30/2018
  • DocketHearing on Motion - Other for equitable relief to back date Complaint scheduled for 08/30/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/30/2018; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 08/30/2018
  • Docket** Filing Date changed from 12/20/2017 to 12/18/2017

    Read MoreRead Less
  • 08/30/2018
  • DocketOrder TO BACK DATE COMPLAINT TO DECEMBER 18, 2017; Signed and Filed by: Melody Lees Holtzendorff (Plaintiff); As to: Robert Escobedo, Jr. (Defendant); Mana Racquel Escobedo (Defendant)

    Read MoreRead Less
  • 06/19/2018
  • DocketHearing on Motion - Other for equitable relief to back date Complaint scheduled for 08/30/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/15/2018
  • DocketMotion re: for equitable relief to back date the Complaint; Filed by: Melody Lees Holtzendorff (Plaintiff); As to: Robert Escobedo, Jr. (Defendant); Mana Racquel Escobedo (Defendant)

    Read MoreRead Less
  • 12/26/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

    Read MoreRead Less
  • 12/21/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

    Read MoreRead Less
  • 12/21/2017
  • DocketNon-Jury Trial scheduled for 06/19/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less
  • 12/21/2017
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 12/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less
  • 12/20/2017
  • DocketComplaint; Filed by: Melody Lees Holtzendorff (Plaintiff); As to: Robert Escobedo, Jr. (Defendant)

    Read MoreRead Less
  • 12/20/2017
  • DocketCivil Case Cover Sheet; Filed by: Melody Lees Holtzendorff (Plaintiff)

    Read MoreRead Less
  • 12/20/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 12/20/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 12/18/2017
  • DocketUpdated -- Complaint: Status Date changed from 12/20/2017 to 12/18/2017

    Read MoreRead Less
  • 12/18/2017
  • DocketUpdated -- Civil Case Cover Sheet: Status Date changed from 12/20/2017 to 12/18/2017

    Read MoreRead Less
  • 12/18/2017
  • DocketUpdated -- Summons on Complaint: Status Date changed from 12/20/2017 to 12/18/2017

    Read MoreRead Less

Tentative Rulings

Case Number: 17STLC06046    Hearing Date: February 13, 2020    Dept: 26

Holtzendorff v. Escobedo, Jr., et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Melody Lees Holtzendorff’s Motion to Vacate Dismissal is DENIED.

ANALYSIS:

Plaintiff Melody Lees Holtzendorff (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Roberto Escobedo, Jr. and Mana Racquel Escobedo (“Defendants”) on December 18, 2017. The matter came for trial on June 19, 2019, at which time no party appeared. Indeed, no proof of service has been filed demonstrating service of the Summons and Complaint on either Defendant. When no party appeared at trial, the Court ordered the action dismissed without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3).

Plaintiff filed the instant Motion to Set Aside Dismissal on January 15, 2020. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on June 19, 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 not timely brought six months after dismissal of the action. The action was dismissed on June 19, 2019 and the six-month deadline expired on December 19, 2019. The instant Motion was filed almost a month after the deadline expired. The Court has no authority to grant Plaintiff relief from the dismissal pursuant to Code of Civil Procedure section 473, subdivision (b), given the express language of the statute.

Therefore, Plaintiff Melody Lees Holtzendorff’s Motion to Vacate Dismissal is DENIED.

Moving party to give notice.