This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 19:54:03 (UTC).

PEDRO SOSA CASTANEDA VS JOHN H MCCARROLL

Case Summary

On 03/13/2018 a Personal Injury - Motor Vehicle case was filed by PEDRO SOSA CASTANEDA against JOHN H MCCARROLL in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3964

  • Filing Date:

    03/13/2018

  • 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

GEORGINA T. RIZK

 

Party Details

Plaintiff

CASTANEDA PEDRO SOSA

Defendant

MCCARROLL JOHN H

 

Court Documents

Proof of Personal Service - Proof of Personal Service

7/23/2019: Proof of Personal Service - Proof of Personal Service

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

8/13/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

8/13/2019: Answer - Answer

Summons - on Complaint

3/13/2018: Summons - on Complaint

Civil Case Cover Sheet

3/13/2018: Civil Case Cover Sheet

Complaint

3/13/2018: Complaint

Notice of Case Assignment - Limited Civil Case

3/13/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 03/16/2021
  • 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

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  • 09/10/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/13/2019
  • DocketNotice of Posting of Jury Fees; Filed by: John H McCarroll (Defendant)

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  • 08/13/2019
  • DocketAnswer; Filed by: John H McCarroll (Defendant); As to: Pedro Sosa Castaneda (Plaintiff)

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  • 07/23/2019
  • DocketProof of Personal Service; Filed by: Pedro Sosa Castaneda (Plaintiff); As to: John H McCarroll (Defendant); Service Date: 07/17/2019; Service Cost: 75.00; Service Cost Waived: No

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  • 03/13/2018
  • DocketComplaint; Filed by: Pedro Sosa Castaneda (Plaintiff); As to: John H McCarroll (Defendant)

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  • 03/13/2018
  • DocketCivil Case Cover Sheet; Filed by: Pedro Sosa Castaneda (Plaintiff)

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  • 03/13/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/13/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/13/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 03/13/2018
  • DocketNon-Jury Trial scheduled for 09/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 03/13/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC03964    Hearing Date: November 21, 2019    Dept: 94

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Pedro Sosa Castaneda’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 10, 2019 IS HEREBY VACATED.

RELIEF REQUESTED: Vacate dismissal of action on grounds of attorney mistake, inadvertence, surprise or excusable neglect.

ANALYSIS:

On March 13, 2018, Plaintiff Pedro Sosa Castaneda (“Plaintiff”) filed this action for motor vehicle negligence against John H. McCarroll (“Defendant”). Following Plaintiff’s failure to appear at trial on September 10, 2019, the Court dismissed the action without prejudice. Plaintiff filed the instant Motion to Vacate Dismissal on October 3, 2019.

Plaintiff moves for relief from the dismissal 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 less than six months after dismissal of the action and supported by an affidavit of fault that explains Plaintiff’s counsel failed to realize the trial date during the extended and serious illness of his wife. (Motion, Krass Decl., ¶2.) Based on the foregoing evidence, Plaintiff has demonstrated he is entitled to relief from the dismissal based on his attorney’s mistake, inadvertence, surprise or excusable neglect. The Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 10, 2019 IS HEREBY VACATED.

Moving party to give notice.