On 01/11/2018 a Personal Injury - Motor Vehicle case was filed by ALBA GONZALEZ against CARLOS ALBERTO ARAUZ in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
ARAUZ CARLOS ALBERTO
DOES 1 - 100
6/27/2019: Minute Order
7/11/2019: Minute Order
7/11/2019: Order - Dismissal
7/11/2019: Certificate of Mailing for
5/10/2018: PROOF OF SERVICE ON DEFENDANT
1/11/2018: COMPLAINT FOR DAMAGES (NEGLIGENCE)
Certificate of Mailing for (Minute Order (Jury Trial) of 07/11/2019); Filed by ClerkRead MoreRead Less
Minute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
Order - Dismissal; Filed by ClerkRead MoreRead Less
at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - HeldRead MoreRead Less
Minute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
Proof of Service (not Summons and Complaint); Filed by Alba Gonzalez (Plaintiff)Read MoreRead Less
PROOF OF SERVICE ON DEFENDANTRead MoreRead Less
COMPLAINT FOR DAMAGES (NEGLIGENCE)Read MoreRead Less
Complaint; Filed by Alba Gonzalez (Plaintiff); Jennifer Alfaro (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
Case Number: BC690037 Hearing Date: December 09, 2019 Dept: 2
Gonzalez, et al. v. Arauz
Two Motions by Plaintiffs Jennifer Alfaro and Alba Gonzalez to Set Aside the Dismissal are GRANTED. The dismissal entered on 7/11/19 is vacated. Cal Code Civil Procedure § 473(b).
The trial in this case was set for 7/11/2019. On that date, no parties appeared and the Court dismissed the action. Plaintiffs now seek to set aside the dismissal pursuant to Civil Code section 437(b) on the ground of mistake, inadvertence, surprise and excusable neglect. Specifically, counsel provides evidence that the failure to appear was the result of a calendaring error.
These motions were made within six months of the dismissal and are thus timely. Further, counsel’s declaration is sufficient to show excusable neglect. Flores v. Board of Supervisors (1970) 13 Cal. App. 3d 480, 483. There has been no showing of prejudice. The Court thus grants the motion to set aside the dismissal. Mink v. Superior Court (1992) 2 Cal. App. 4th 1338.
The Court sets the following dates:
OSC re dismissal: 1/11/2021
Moving party is ordered to give notice.