Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 01/31/2021 at 02:13:43 (UTC).

LATOYA D JONES ET AL VS ANTHONY MENDOZA

Case Summary

On 11/25/2013 LATOYA D JONES filed a Personal Injury - Motor Vehicle lawsuit against ANTHONY MENDOZA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOWARD L. HALM, DANIEL S. MURPHY and CHRISTOPHER K. LUI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8670

  • Filing Date:

    11/25/2013

  • 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

Presiding Judges

HOWARD L. HALM

DANIEL S. MURPHY

CHRISTOPHER K. LUI

 

Party Details

Plaintiffs and Petitioners

JONES LATOYA D.

ROES 1-5

YOUNGBLOOD JASAI J. ROE 1

JONES LATOYA D

Defendants and Respondents

DOES 1 TO 20

MENDOZA ANTHONY

Not Classified By Court

JAMES TUGGLE

Attorney/Law Firm Details

Plaintiff Attorney

MARKS MARYETTA CHRISTINA

Defendant Attorneys

WI HOLDEN JUNE

CARPENTER-BRIDWELL SHIRLEY ANN

OROZCO TRISTAN CHRISTOPHER

 

Court Documents

CIVIL CASE COVER SHEET

3/8/2018: CIVIL CASE COVER SHEET

NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S RESPONSES TO REQUESTS FOR IDENTIFICATION AND PRODUCTION (SET ONE);

8/3/2018: NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S RESPONSES TO REQUESTS FOR IDENTIFICATION AND PRODUCTION (SET ONE);

NOTICE OF ON-OPPOSITION TO MOTIONS TO COMPEL PLAINTIFF'S RESPONSES TO SPECIAL INTERROGATORIES (SET ONE)

9/18/2018: NOTICE OF ON-OPPOSITION TO MOTIONS TO COMPEL PLAINTIFF'S RESPONSES TO SPECIAL INTERROGATORIES (SET ONE)

Minute Order - Minute order entered: 2018-09-26 00:00:00

9/26/2018: Minute Order - Minute order entered: 2018-09-26 00:00:00

Notice - Notice Of Ruling Re: Defendants Ex Parte Application To Continue Trial

12/10/2018: Notice - Notice Of Ruling Re: Defendants Ex Parte Application To Continue Trial

Minute Order - Minute Order (Hearing on Motion for Terminating Sanctions against Plaintiff...)

2/5/2019: Minute Order - Minute Order (Hearing on Motion for Terminating Sanctions against Plaintiff...)

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

3/18/2019: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (RULING ON SUBMITTED MATTER) OF 03/18/2019 AND DISMISSAL ORDER

3/18/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (RULING ON SUBMITTED MATTER) OF 03/18/2019 AND DISMISSAL ORDER

Notice of Ruling

11/15/2019: Notice of Ruling

Minute Order -

5/11/2015: Minute Order -

Minute Order -

5/26/2015: Minute Order -

PROOF OF SERVICE SUMMONS -

9/23/2015: PROOF OF SERVICE SUMMONS -

Minute Order -

11/20/2015: Minute Order -

Minute Order -

11/28/2016: Minute Order -

Minute Order -

6/20/2017: Minute Order -

Minute Order -

9/28/2017: Minute Order -

Minute Order -

11/21/2017: Minute Order -

REQUEST FOR ENTRY OF DEFAULT -

11/28/2017: REQUEST FOR ENTRY OF DEFAULT -

53 More Documents Available

 

Docket Entries

  • 01/06/2020
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Held

    Read MoreRead Less
  • 01/06/2020
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Trial Setting Conference - Not Held - Vacated by Court

    Read MoreRead Less
  • 01/06/2020
  • DocketNotice of Ruling; Filed by Anthony Mendoza (Defendant)

    Read MoreRead Less
  • 01/06/2020
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal; Trial Setting Conference)); Filed by Clerk

    Read MoreRead Less
  • 12/31/2019
  • DocketPlaintiffs' Opposition and Objection to Court's Dismissal of Complaint Pursuant to Code of Civil Procedure Section 583.310; Memorandum of Points and Authorities; Filed by Youngblood, JasaI J. (Roe 1) (Plaintiff)

    Read MoreRead Less
  • 12/27/2019
  • DocketDefendant's Position Paper Re: Why case should not be dismissed pursuant to Code of Civil Procedure Section 583.310 (5 year rule); Memorandum of Points and Authorities and Declaration of Shirley Carpenter Bridwell in support thereof; Filed by Anthony Mendoza (Defendant)

    Read MoreRead Less
  • 11/15/2019
  • DocketNotice of Ruling; Filed by Anthony Mendoza (Defendant)

    Read MoreRead Less
  • 11/14/2019
  • Docketat 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held - Motion Granted

    Read MoreRead Less
  • 11/14/2019
  • DocketCertificate of Mailing for ((Plaintiff's Motion to Set Aside/Vacate Dismissal (CCP 473)) of 11/14/2019); Filed by Clerk

    Read MoreRead Less
  • 11/14/2019
  • DocketMinute Order ( (Plaintiff's Motion to Set Aside/Vacate Dismissal (CCP 473))); Filed by Clerk

    Read MoreRead Less
130 More Docket Entries
  • 05/26/2015
  • Docketat 08:30 AM in Department 93; (Trial; Off Calendar) -

    Read MoreRead Less
  • 05/26/2015
  • DocketMinute order entered: 2015-05-26 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 05/26/2015
  • DocketMinute Order

    Read MoreRead Less
  • 05/11/2015
  • Docketat 10:00 AM in Department 93; Final Status Conference (Final Status Conference; No Appearance) -

    Read MoreRead Less
  • 05/11/2015
  • DocketMinute Order

    Read MoreRead Less
  • 05/11/2015
  • DocketMinute order entered: 2015-05-11 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 11/25/2013
  • DocketComplaint; Filed by Jones, LaToya D. (dismissd by ct 6/20/17) (Plaintiff); Youngblood, JasaI J. (Roe 1) (Plaintiff)

    Read MoreRead Less
  • 11/25/2013
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 11/25/2013
  • DocketORDER ON COURT FEE WAIVER

    Read MoreRead Less
  • 11/25/2013
  • DocketSUMMONS

    Read MoreRead Less

Tentative Rulings

Case Number: BC528670    Hearing Date: November 14, 2019    Dept: 4A

Motion to Set Aside Dismissal

Having considered the moving, opposing, and supplemental moving papers, the Court rules as follows. No reply papers were filed.

BACKGROUND

On November 25, 2013, Plaintiff Latoya D. Jones filed a complaint against Defendant Anthony Mendoza (“Defendant”) alleging motor vehicle and general negligence for an automobile collision that occurred on November 23, 2011.

On March 8, 2018, Plaintiffs Jasai J. Youngblood and his guardian ad litem, Leon Youngblood, filed a first amended complaint against Defendant.

On March 18, 2019, the Court dismissed the complaint against Defendant in granting terminating sanctions against Plaintiff Jasai J. Youngblood for failing to abide by a September 26, 2018 Court order.

On September 17, 2019, Plaintiff Jasai J. Youngblood filed a motion to set aside the March 18, 2019 dismissal pursuant to California Code of Civil Procedure section 473, subdivision (b).

PARTIES REQUEST

Plaintiff Jasai J. Youngblood (“Plaintiff”) asks the Court to set aside the March 18, 2019 dismissal on the ground that Plaintiff’s counsel was too busy to comply with the September 26, 2018 Court order.

LEGAL STANDARD

California Code of Civil Procedure section 473, subdivision (b) states: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.  Application for this relief . . . shall be made within a reasonable time, in no case exceeding six months, after the . . . dismissal . . . . was taken. . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. . . .”

Relief is mandatory when an attorney files the required affidavit, even if the attorney's neglect was inexcusable.  (Carmel, Ltd. v. Tavoussi (2009) 175 Cal.App.4th 393, 401 (setting aside a default entered when the attorney failed to file an answer).) No reason need be given for the existence of one of these circumstances and attestation that one of these reasons existed is sufficient to obtain relief, unless the trial court finds that the dismissal did not occur because of these reasons.  (Graham v. Beers (1994) 30 Cal.App.4th 1656, 1660.)

“The court shall, whenever relief is granted based on attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.”  (Code Civ. Proc. § 473, subd. (b).)

DISCUSSION

Plaintiff’s counsel failed to serve outstanding discovery in compliance with the September 26, 2018 order due to Plaintiff’s counsel’s busy calendar.  (Marks Decl., ¶¶ 37-38.)

Defendant argues that California Code of Civil Procedure section 473, subdivision (b) does not apply here because the dismissal at bar is not the procedural equivalent of a default.  Defendant cites English v. IKON Business Solutions, Inc. (2001) 94 Cal.App.4th 130 for this proposition.  The Court agrees that California Code of Civil Procedure section 473, subdivision (b) only insofar as they are the procedural equivalent of a default.  Such a situation arose in the context of a dismissal entered as a terminating sanction for discovery abuse in Rodriguez v. Brill (2015) 234 Cal.App.4th 715, 725-726.

The Rodriguez court grounded its holding on statutory language directing that, when confronted with the proper affidavit of attorney fault, “the court shall, . . . , vacate any . . . resulting . . . dismissal . . . , unless the court finds that the . . . dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise or neglect.” (Id. at p. 725 (emphasis added).) Faced with this all-encompassing language, the Rodriguez court found that a sanctions dismissal could be set aside under section 473(b) given the proper showing. In rejoinder to an argument urging a more narrow construction, the appellate court relied on authority from the Second District Court of Appeal in Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 736, to hold that “an order of dismissal entered for failure to comply with an order compelling answers to interrogatories is the practical equivalent of a default judgment.” (Rodriguez v. Brill, supra, 234 Cal.App.4th at p. 725.) Because such a dismissal is tantamount to a default judgment, it should be treated the same way under section 473(b).

Defendant argues that the dismissal was proper and that Plaintiff did not suffer the ultimate dismissal sanction for a first transgression or violation of a discovery rule.  (Motion, pp. 7:24-9:14.)  The Court does not find that the March 18, 2019 dismissal was improper.  Rather, the Court is deeming Plaintiff’s counsel’s declaration of fault as sufficient to set aside the properly entered March 18, 2019 dismissal.  Further, Defendant does not cite any instances of repeated discovery abuse showing the dismissal is such that Plaintiff has a history of acts in obstructing discovery, failing to honor stipulations, and defying court orders such as was present in Laguna Auto Body v. Farmers Insurance Exchange (1991) 231 Cal.App.3d 481, 491 (disapproved of on other grounds).)

Defendant contends that the Court should deny the motion for relief because it was not filed until the last day of the six-month period for filing a section 473(b) motion(Opposition, p. 10:5-10:19.) The Court concludes that a party seeking mandatory relief under section 473(b) need not demonstrate diligence to secure relief. The statute clearly describes the Court’s obligation to grant mandatory relief based on an attorney’s declaration of attorney fault “whenever an application for relief is made no more than six months after entry of judgment.” (Code Civ. Proc. § 473, subd. (b).) Diligence need not be demonstrated to obtain relief based on an attorney’s declaration admitting fault so long as the motion is timely and in the proper form. (Ibid.; Milton v. Perceptual Dev. Corp. (1997) 53 Cal.App.4th 861, 862).

The Court finds Plaintiff’s counsel’s declaration of fault is sufficient.  As such, relief from the March 18, 2019 dismissal is mandatory.

Plaintiffs motion is GRANTED.

The Court sets aside the March 18, 2019 dismissal and set a trial setting conference for December 16, 2019 at 10:00 a.m.

Plaintiff is ordered to give notice of this ruling.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer MARKS MARYETTA C.