This case was last updated from Los Angeles County Superior Courts on 07/12/2019 at 00:20:34 (UTC).

ALBA GONZALEZ ET AL VS CARLOS ALBERTO ARAUZ

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0037

  • Filing Date:

    01/11/2018

  • 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

GEORGINA T. RIZK

 

Party Details

Plaintiffs and Petitioners

ALFARO JENNIFER

GONZALEZ ALBA

Defendants and Respondents

ARAUZ CARLOS ALBERTO

DOES 1 - 100

 

Court Documents

Minute Order

6/27/2019: Minute Order

Minute Order

7/11/2019: Minute Order

Order - Dismissal

7/11/2019: Order - Dismissal

Certificate of Mailing for

7/11/2019: Certificate of Mailing for

PROOF OF SERVICE ON DEFENDANT

5/10/2018: PROOF OF SERVICE ON DEFENDANT

SUMMONS

1/11/2018: SUMMONS

COMPLAINT FOR DAMAGES (NEGLIGENCE)

1/11/2018: COMPLAINT FOR DAMAGES (NEGLIGENCE)

 

Docket Entries

  • 07/11/2019
  • Certificate of Mailing for (Minute Order (Jury Trial) of 07/11/2019); Filed by Clerk

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  • 07/11/2019
  • Minute Order ( (Jury Trial)); Filed by Clerk

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  • 07/11/2019
  • Order - Dismissal; Filed by Clerk

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  • 06/27/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Held

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  • 06/27/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 05/10/2018
  • Proof of Service (not Summons and Complaint); Filed by Alba Gonzalez (Plaintiff)

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  • 05/10/2018
  • PROOF OF SERVICE ON DEFENDANT

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  • 01/11/2018
  • COMPLAINT FOR DAMAGES (NEGLIGENCE)

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  • 01/11/2018
  • Complaint; Filed by Alba Gonzalez (Plaintiff); Jennifer Alfaro (Plaintiff)

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  • 01/11/2018
  • SUMMONS

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Tentative Rulings

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:

FSC: 2/27/2020

Trial: 3/11/2020

OSC re dismissal: 1/11/2021

Moving party is ordered to give notice.