This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 10:56:18 (UTC).

TASHA NICOLE HENDERSON VS JORGE LOPEZ VALENCIANO

Case Summary

On 01/12/2018 a Personal Injury - Motor Vehicle case was filed by TASHA NICOLE HENDERSON against JORGE LOPEZ VALENCIANO 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:

    *******0284

  • Filing Date:

    01/12/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

ELAINE LU

 

Party Details

Plaintiff

HENDERSON TASHA NICOLE

Defendants

ZAVALA JUAN CARLOS

VALENCIANO JORGE LOPEZ

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial)

7/12/2019: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 07/12/2019

7/12/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 07/12/2019

Summons - on Complaint

1/12/2018: Summons - on Complaint

Civil Case Cover Sheet

1/12/2018: Civil Case Cover Sheet

Complaint

1/12/2018: Complaint

Notice of Case Assignment - Limited Civil Case

1/12/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 07/12/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 07/12/2019
  • DocketCertificate of Mailing for Minute Order (Non-Jury Trial) of 07/12/2019; Filed by: Clerk

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  • 07/12/2019
  • DocketOn the Complaint filed by Tasha Nicole Henderson on 01/12/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 07/12/2019
  • DocketNon-Jury Trial scheduled for 07/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 07/12/2019; Result Type to Not Held - Taken Off Calendar by Court

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  • 07/12/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/15/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 07/12/2019

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  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 01/12/2018
  • DocketComplaint; Filed by: Tasha Nicole Henderson (Plaintiff); As to: Jorge Lopez Valenciano (Defendant)

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  • 01/12/2018
  • DocketCivil Case Cover Sheet; Filed by: Tasha Nicole Henderson (Plaintiff)

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  • 01/12/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 01/12/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/12/2018
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 01/12/2018
  • DocketNon-Jury Trial scheduled for 07/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 01/12/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 01/15/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 01/12/2018
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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Tentative Rulings

Case Number: 18STLC00284    Hearing Date: February 26, 2020    Dept: 26

Henderson v. Valenciano, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Tasha Nicole Henderson’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on July 12, 2019 is hereby vacated.

Order to Show Cause Re Failure to File Proof of Service scheduled for 05/27/20 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 08/26/20 at 8:30 am in Department 26 in the Spring Street Courthouse.

ANALYSIS:

Plaintiff Tasha Nicole Henderson (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Jorge Lopez Valenciano (“Defendant”) on January 12, 2018. Nothing happened in the action until the original trial date of July 12, 2019. Indeed, no proof of service has been filed demonstrating service of the Summons and Complaint on Defendant. When neither party appeared at trial, the Court ordered the action dismissed without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3). On January 13, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal. To date, no opposition has been filed.

Discussion

Plaintiff seeks relief from the dismissal entered on July 12, 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 affidavit of fault. Plaintiff’s attorney explains that he failed to calendar the trial date and did not appear at trial for that reason. (Motion, Kohanarieh Decl., ¶¶1-3.) Based on the timely request to vacate supported by an attorney affidavit of fault, Plaintiffs’ Motion to Vacate Dismissal is GRANTED. The dismissal entered on July 12, 2019 is hereby vacated.

Order to Show Cause Re Failure to File Proof of Service is scheduled for 05/27/20 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 08/26/20 at 8:30 am in Department 26 in the Spring Street Courthouse.

Moving party to give notice.