This case was last updated from Los Angeles County Superior Courts on 01/02/2020 at 03:25:01 (UTC).

NICOLE JACKSON VS EWALD VENUE FORD LLC

Case Summary

On 08/23/2019 NICOLE JACKSON filed a Contract - Other Contract lawsuit against EWALD VENUE FORD LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7824

  • Filing Date:

    08/23/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

JACKSON NICOLE

Defendant

EWALD VENUE FORD LLC

 

Court Documents

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) ADDITIONAL COURT FEES

8/28/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) ADDITIONAL COURT FEES

Civil Case Cover Sheet - Civil Case Cover Sheet

8/23/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/23/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

8/23/2019: First Amended Standing Order - First Amended Standing Order

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

8/23/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

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

8/23/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 08/26/2022
  • Hearing08/26/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/19/2021
  • Hearing02/19/2021 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/28/2019
  • DocketUpdated -- Request to Waive Additional Court Fees (Superior Court): Filed By: Nicole Jackson (Plaintiff); Result: Reviewed; Result Date: 08/28/2019; As To Parties: removed

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  • 08/28/2019
  • DocketOrder on Court Fee Waiver (Superior Court) ADDITIONAL COURT FEES; Filed by: Clerk; As to: Nicole Jackson (Plaintiff)

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  • 08/23/2019
  • DocketComplaint; Filed by: Nicole Jackson (Plaintiff); As to: Ewald Venue Ford Llc (Defendant)

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  • 08/23/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Nicole Jackson (Plaintiff)

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  • 08/23/2019
  • DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: Nicole Jackson (Plaintiff)

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  • 08/23/2019
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Nicole Jackson (Plaintiff); Result: Granted; Result Date: 08/23/2019; As To Parties: removed

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  • 08/23/2019
  • DocketRequest to Waive Court Fees; Filed by: Nicole Jackson (Plaintiff)

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  • 08/23/2019
  • DocketCivil Case Cover Sheet; Filed by: Nicole Jackson (Plaintiff)

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  • 08/23/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/23/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/23/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/23/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 08/23/2019
  • DocketNon-Jury Trial scheduled for 02/19/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/26/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC07824    Hearing Date: April 28, 2021    Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE AND VACATE DISMISSAL FOR FAILURE TO PROSECUTE

MOVING PARTY:   Plaintiff Nicole Jackson, in pro per

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Nicole Jackson’s Motion to Set Aside and Vacate Dismissal for Failure to Prosecute is GRANTED. The dismissal entered on February 19, 2021 is HEREBY VACATED.

SERVICE

[   ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A

[   ] Correct Address (CCP §§ 1013, 1013a) N/A

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) N/A

OPPOSITION: None filed as of April 26, 2021     [   ] Late [X] None

REPLY: None filed as of April 26, 2021     [   ] Late [X] None

ANALYSIS:

I. Background

On August 23, 2019, Plaintiff Nicole Jackson (“Plaintiff”), in pro per, filed an action against Defendant Ewald Venus Ford, LLC (“Defendant”).

A non-jury trial was scheduled for February 19, 2021 at 8:30 a.m. There being no appearances by 10:00 a.m., the Court dismissed the action without prejudice. (2/19/21 Minute Order.) Plaintiff filed the instant Motion to Set Aside and Vacate Dismissal for Failure to Prosecute (the “Motion”) on February 22, 2021.

II. Legal Standard & Discussion

 

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 8.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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.)

Plaintiff’s Motion is timely. She seeks to set aside the dismissal entered on February 19, 2021 due to her neglect and inadvertence. (Mot., p. 8:1-5; Jackson Decl., ¶ 5.) Specifically, Plaintiff states that she forgot the hearing date. (Id.) She also states that she requested a jury trial and thus did not believe the matter would be dismissed at a non-jury trial. (Id.) Further, Plaintiff states Defendant was served in Wisconsin on January 11, 2021 and that the parties are engaged in discovery. (Id. at ¶¶ 3, 6.)

Based on the timely request to vacate the dismissal supported by Plaintiff’s declaration of fault and the policy favoring the disposition of actions on their merits, Plaintiff’s Motion is GRANTED.

III. Conclusion & Order

 

For the foregoing reasons, Plaintiff Nicole Jackson’s Motion to Set Aside and Vacate Dismissal for Failure to Prosecute is GRANTED. The dismissal entered on February 19, 2021 is HEREBY VACATED.

Moving party is ordered to give notice.

Case Number: 19STLC07824    Hearing Date: April 27, 2021    Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE AND VACATE DISMISSAL FOR FAILURE TO PROSECUTE

MOVING PARTY: Plaintiff Nicole Jackson, in pro per

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Nicole Jackson’s Motion to Set Aside and Vacate Dismissal for Failure to Prosecute is GRANTED. The dismissal entered on February 19, 2021 is HEREBY VACATED.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) N/A

[ ] Correct Address (CCP §§ 1013, 1013a) N/A

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) N/A

OPPOSITION: None filed as of April 26, 2021 [ ] Late [X] None

REPLY: None filed as of April 26, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On August 23, 2019, Plaintiff Nicole Jackson (“Plaintiff”), in pro per, filed an action against Defendant Ewald Venus Ford, LLC (“Defendant”).

A non-jury trial was scheduled for February 19, 2021 at 8:30 a.m. There being no appearances by 10:00 a.m., the Court dismissed the action without prejudice. (2/19/21 Minute Order.) Plaintiff filed the instant Motion to Set Aside and Vacate Dismissal for Failure to Prosecute (the “Motion”) on February 22, 2021.

II. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 8.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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.)

Plaintiff’s Motion is timely. She seeks to set aside the dismissal entered on February 19, 2021 due to her neglect and inadvertence. (Mot., p. 8:1-5; Jackson Decl., ¶ 5.) Specifically, Plaintiff states that she forgot the hearing date. (Id.) She also states that she requested a jury trial and thus did not believe the matter would be dismissed at a non-jury trial. (Id.) Further, Plaintiff states Defendant was served in Wisconsin on January 11, 2021 and that the parties are engaged in discovery. (Id. at ¶¶ 3, 6.)

Based on the timely request to vacate the dismissal supported by Plaintiff’s declaration of fault and the policy favoring the disposition of actions on their merits, Plaintiff’s Motion is GRANTED.

III. Conclusion & Order

For the foregoing reasons, Plaintiff Nicole Jackson’s Motion to Set Aside and Vacate Dismissal for Failure to Prosecute is GRANTED. The dismissal entered on February 19, 2021 is HEREBY VACATED.

Moving party is ordered to give notice.