On 03/14/2016 MARK CHATFIELD filed a Personal Injury - Motor Vehicle lawsuit against KATHYRN AXELROD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.
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03/14/2016
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
CHATFIELD MARK
DURAN DOREEN
ALVARADO LOUIE
ANDRADE JOHN
RAMIREZ ENRIQUE
AXELROD KATHYRN
DOES 1 TO 20
ANDRADE EUGENIA
SIAS/CARR LLP
CARR PETER LAURENCE ESQ.
1/3/2018: PLAINTIFFS MARK CHATFIELD AND DOREEN DURAN'S NOTICE OF MOTION AND MOTION TO SET ASIDE OR VACATE DISMISSAL; DECLARATION OF PETER L. CARR IV
1/26/2018: ORDER GRANTING MOTION TO VACATE DISMISSAL
3/26/2018: Minute Order
7/2/2018: Minute Order
1/16/2019: Minute Order
3/14/2019: Minute Order
3/15/2019: Minute Order
3/15/2019: Unknown
3/14/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
3/16/2016: SUMMONS
8/28/2017: Minute Order
9/14/2017: Minute Order
12/12/2017: PLAINTIFFS MARK CHATFIELD AND DOREEN DURAN'S EX FARTE APPLICATION FOR AN ORDER SETTING ASIDE OR VACATING DISMISSAL; ETC
12/12/2017: Minute Order
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Dismissal - Held
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: (Why Plaintiff and/or Plaintiff's Counsel Should Not Be Sanctioned for Failure to Comply With California Rules of Court Section 3.110(b)) - Held
Minute Order ( (Order to Show Cause Re: Why Plaintiff and/or Plaintiff's Coun...)); Filed by Clerk
Certificate of Mailing for (Minute Order (Order to Show Cause Re: Why Plaintiff and/or Plaintiff's Coun...) of 03/15/2019); Filed by Clerk
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Dismissal - Held - Continued
Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Non-Jury Trial - Not Held - Advanced and Vacated
at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Advanced and Vacated
Minute Order ((Final Status Conference)); Filed by Clerk
Proof of Personal Service; Filed by Mark Chatfield (Plaintiff); Doreen Duran (Plaintiff)
at 08:30 AM in Department 92; Jury Trial (Jury Trial; Order of Dismissal) -
Minute order entered: 2017-09-14 00:00:00; Filed by Clerk
Minute Order
at 10:00 AM in Department 92; Final Status Conference (Final Status Conference; Off Calendar) -
Minute Order
Minute order entered: 2017-08-28 00:00:00; Filed by Clerk
SUMMONS
Summons; Filed by Mark Chatfield (Plaintiff); Doreen Duran (Plaintiff)
Complaint; Filed by Mark Chatfield (Plaintiff); Doreen Duran (Plaintiff)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Case Number: BC613386 Hearing Date: January 06, 2020 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
|
MARK CHATFIELD, ET AL., Plaintiff(s), vs. KATHRYN AXELROD, ET AL., Defendant(s). |
) ) ) ) ) ) ) ) ) ) |
Case No.: BC613386 [TENTATIVE] ORDER DENYING MOTION TO VACATE DISMISSAL Dept. 3 1:30 p.m. January 6, 2020 |
Plaintiffs, Mark Chatfield and Doreen Duran filed this action against Defendants, Kathryn Axelrod, John Andrade, Eugenia Andrade, Louis Alvarado, and Enrique Ramirez for damages arising out of an automobile accident. Plaintiff filed the complaint on 3/14/16. On 8/28/17, the Court called the matter for an FSC, and on 9/14/17, the Court called the matter for trial; no party appeared on either date, and on 9/14/17, the Court dismissed the case.
On 1/26/18, the Court granted Plaintiff’s motion to vacate the dismissal. Thereafter, the Court continued OSCs re: dismissal on numerous occasions. On 3/15/19, because Plaintiffs failed to appear at the OSC re: dismissal, the Court dismissed the case.
On 11/25/19, Plaintiffs filed this motion to vacate the dismissal. Plaintiffs move to vacate the dismissal per CCP §473(b). §473(b) requires the moving papers to be filed no more than six months after entry of dismissal. Six months after 3/15/19 fell on or about 9/15/19. Plaintiffs filed this motion more than two months too late, and the motion is accordingly denied. Notably, the six-month limit is jurisdictional in the sense that the court has no power to grant relief after this time regardless of whether an “attorney affidavit of fault” is filed or how reasonable the excuse for the delay. Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 928.
No defendant in this action has appeared, and therefore no notice is necessary.
Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.