This case was last updated from Los Angeles County Superior Courts on 12/31/2020 at 01:04:42 (UTC).

NICOLE JACKSON VS CHEVRON

Case Summary

On 07/02/2019 NICOLE JACKSON filed a Contract - Other Contract lawsuit against CHEVRON. 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 Documents Dockets

 

Case Details

  • Case Number:

    *******6168

  • Filing Date:

    07/02/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

JACKSON NICOLE

Defendant

CHEVRON

 

Court Documents

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

9/28/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Minute Order - Minute Order (Non-Jury Trial)

12/29/2020: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/29/2020

12/29/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/29/2020

Civil Case Cover Sheet - Civil Case Cover Sheet

7/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

7/2/2019: Complaint - Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/2/2019: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

7/2/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

 

Docket Entries

  • 12/29/2020
  • DocketOn the Complaint filed by Nicole Jackson on 07/02/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 12/29/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 12/29/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 12/29/2020; Filed by: Clerk

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  • 12/29/2020
  • DocketNon-Jury Trial scheduled for 12/29/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 12/29/2020; Result Type to Held

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  • 12/29/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 12/29/2020

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  • 09/28/2020
  • DocketUpdated -- Request to Waive Additional Court Fees (Superior Court): Filed By: Nicole Jackson (Plaintiff); Result: Granted; Result Date: 09/28/2020

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  • 09/28/2020
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): Status Date changed from 09/28/2020 to 09/28/2020; Status changed from TP to Filed

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  • 09/28/2020
  • DocketOrder on Court Fee Waiver (Superior Court); TP by:

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  • 09/24/2020
  • DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: Nicole Jackson (Plaintiff)

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  • 07/02/2019
  • DocketComplaint; Filed by: Nicole Jackson (Plaintiff); As to: Chevron (Defendant)

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  • 07/02/2019
  • DocketRequest to Waive Court Fees; Filed by: Nicole Jackson (Plaintiff)

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  • 07/02/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Nicole Jackson (Plaintiff)

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  • 07/02/2019
  • DocketCivil Case Cover Sheet; Filed by: Nicole Jackson (Plaintiff)

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  • 07/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/02/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/02/2019
  • DocketNon-Jury Trial scheduled for 12/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC06168    Hearing Date: March 25, 2021    Dept: 26

Jackson v. Chevron, et al

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Nicole Jackson’s Motion to Set Aside Dismissal is GRANTED. THE DISMISSAL ENTERED ON DECEMBER 29, 2020 IS HEREBY VACATED.

ORDER TO SHOW CAUSE REGARDING FAILURE TO FILE PROOF OF SERVICE IS SET FOR JULY 12, 2021 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On July 2, 2019, Plaintiff Nicole Jackson (“Plaintiff”) filed the instant action against Defendant Chevron (“Defendant”). The case was set for trial on December 29, 2020. Following Plaintiff’s failure to appear at trial, the Court dismissed the action without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3).

Plaintiff filed the instant Motion to Vacate Dismissal on February 22, 2021. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on December 29, 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 was timely brought two months after the dismissal was entered and is supported by an affidavit of fault. Plaintiff declares that after her fee waiver was granted on September 28, 2020, she inadvertently forgot the trial date due to COVID-related issues. (Motion, Jackson Decl., ¶¶3-5.) This sufficiently demonstrates that Plaintiff’s failure to appear was the result of inadvertence or excusable neglect. Therefore, Plaintiff is entitled to an order vacating the dismissal under Code of Civil Procedure, section 473, subdivision (b).

Conclusion

Plaintiff Nicole Jackson’s Motion to Set Aside Dismissal is GRANTED. THE DISMISSAL ENTERED ON DECEMBER 29, 2020 IS HEREBY VACATED.

ORDER TO SHOW CAUSE REGARDING FAILURE TO FILE PROOF OF SERVICE IS SET FOR JULY 12, 2021 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.Clerk to give notice. 
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