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.
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
CASTANEDA PEDRO SOSA
MCCARROLL JOHN H
7/23/2019: Proof of Personal Service - Proof of Personal Service
8/13/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
8/13/2019: Answer - Answer
3/13/2018: Summons - on Complaint
3/13/2018: Civil Case Cover Sheet
3/13/2018: Notice of Case Assignment - Limited Civil Case
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 ServiceRead MoreRead Less
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
DocketNotice of Posting of Jury Fees; Filed by: John H McCarroll (Defendant)Read MoreRead Less
DocketAnswer; Filed by: John H McCarroll (Defendant); As to: Pedro Sosa Castaneda (Plaintiff)Read MoreRead Less
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: NoRead MoreRead Less
DocketComplaint; Filed by: Pedro Sosa Castaneda (Plaintiff); As to: John H McCarroll (Defendant)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Pedro Sosa Castaneda (Plaintiff)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk CourthouseRead MoreRead Less
DocketNon-Jury Trial scheduled for 09/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77Read MoreRead Less
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 77Read MoreRead Less
Case Number: 18STLC03964 Hearing Date: November 21, 2019 Dept: 94
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
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.
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.