On 02/02/2018 a Personal Injury - Other Personal Injury case was filed by SUSAN TOLER CARR against EMBASSY SUITES - ARCADIA in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******1905
02/02/2018
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
CARR SUSAN TOLER
HILTON WORLDWIDE INC.
EMBASSY SUITES - ARCADIA
8/2/2019: Minute Order - Minute Order (Non-Jury Trial)
8/2/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 08/02/2019
2/2/2018: Summons - on Complaint
2/2/2018: Civil Case Cover Sheet
2/2/2018: Complaint
2/2/2018: Notice of Case Assignment - Limited Civil Case
DocketCertificate of Mailing for (Non-Jury Trial) of 08/02/2019; Filed by: Clerk
DocketOn the Complaint filed by Susan Toler Carr on 02/02/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)
DocketNon-Jury Trial scheduled for 08/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 08/02/2019; Result Type to Held
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 08/02/2019
DocketMinute Order (Non-Jury Trial)
DocketComplaint; Filed by: Susan Toler Carr (Plaintiff); As to: Embassy Suites - Arcadia (Defendant)
DocketCivil Case Cover Sheet; Filed by: Susan Toler Carr (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 08/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint
Case Number: 18STLC01905 Hearing Date: February 27, 2020 Dept: 26
Carr v. Embassy Suites - Arcadia, et al.
MOTION TO VACATE DISMISSAL
(CCP § 473(b))
TENTATIVE RULING:
Plaintiff Susan Toller Carr’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON AUGUST 2, 2019 IS HEREBY VACATED.
ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE IS SCHEDULED FOR 05/28/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. FAILURE TO APPEAR MAY RESULT IN THE ACTION BEING DISMISSED.
TRIAL DATE RESET FOR 08/27/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Susan Toller Carr (“Plaintiff”) filed the instant action for premises liability against Defendants Embassy Suites – Arcadia and Hilton Worldwide, Inc. (“Defendants”) on February 2, 2018. The matter came for trial on August 2, 2019, at which time no party appeared. Indeed, no proof of service has been filed demonstrating service of the Summons and Complaint on either Defendant. When no party appeared at trial, the Court ordered the action dismissed without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3).
Plaintiff filed the instant Motion to Set Aside Dismissal on January 31, 2020. To date, no opposition has been filed.
Discussion
Plaintiff seeks relief from the dismissal entered on August 2, 2019 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 six months after dismissal of the action and is supported by an attorney affidavit of fault. Plaintiff’s attorney declares that he mis-calendared the trial date. (Motion, Lasley Decl., ¶¶3-7.) Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiff’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON AUGUST 2, 2019 IS HEREBY VACATED.
ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE IS SCHEDULED FOR 05/28/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. FAILURE TO APPEAR MAY RESULT IN THE ACTION BEING DISMISSED.
TRIAL DATE RESET FOR 08/27/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Moving party to give notice.