On 05/18/2018 a Personal Injury - Motor Vehicle case was filed by NEGIN RAHBARI against FARAH SHAHNAZ in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******7366
05/18/2018
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
RAHBARI NEGIN
SHAHNAZ FARAH
11/15/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/15/2019
11/15/2019: Minute Order - Minute Order (Non-Jury Trial)
5/18/2018: Summons - on Complaint
5/18/2018: Civil Case Cover Sheet
5/18/2018: Complaint
5/18/2018: Notice of Case Assignment - Limited Civil Case
DocketCertificate of Mailing for (Non-Jury Trial) of 11/15/2019; Filed by: Clerk
DocketOn the Complaint filed by Negin Rahbari on 05/18/2018, entered Order for Dismissal without prejudice as to the entire action
DocketNon-Jury Trial scheduled for 11/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/15/2019; Result Type to Held
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/21/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 11/15/2019
DocketMinute Order (Non-Jury Trial)
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketComplaint; Filed by: Negin Rahbari (Plaintiff); As to: Farah Shahnaz (Defendant)
DocketCivil Case Cover Sheet; Filed by: Negin Rahbari (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 11/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/21/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 18STLC07366 Hearing Date: February 20, 2020 Dept: 25
MOTION TO SET ASIDE/VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Negin Rahbari’s Motion to Set Aside Dismissal is CONTINUED TO APRIL 27, 2020 at 10:30 a.m. in Department 25. SPRING SREET COURTHOUSE.
At least 16 court days before the next scheduled hearing, Plaintiff must file a proof of service demonstrating Defendant was properly served with the instant Motion. Failure to do so may result in the Motion being placed off calendar or denied.
ANALYSIS:
Background & Discussion
On May 18, 2018, Plaintiff Negin Rahbari (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Farah Shahnaz (“Defendant”). Plaintiff has not filed a proof of service for the Summons and Complaint nor has Defendant filed an answer.
A non-jury trial was scheduled for November 15, 2019. The matter having been placed on second call and there being no appearances by either side by 9:25 a.m., the Court ordered the entire case dismissed without prejudice. (11/15/19 Minute Order.)
On January 10, 2020, Plaintiff filed the instant Motion to Vacate Dismissal of Action (the “Motion”). To date, no opposition or reply briefs have been filed.
As an initial matter, the Court notes that Plaintiff did not file a proof of service for the instant Notice of Motion and Motion. Code of Civil Procedure section 1005 requires that all moving and supporting papers be filed and served at least 16 court days before the hearing, plus an additional 5 calendar days if service is being effectuated by mail to a California address. (Code Civ. Proc., § 1005, subd. (b).) Accordingly, Plaintiff is ordered to file a proof of service demonstrating compliance with Section 1005, subdivision (b).
Conclusion & Order
For the foregoing reasons, Plaintiff Negin Rahbari’s Motion to Set Aside Dismissal is CONTINUED TO APRIL 27, 2020, at 10:30 a.m. in Department 25., SPRING STREET COURTHOUSE