On 04/05/2018 a Personal Injury - Motor Vehicle case was filed by ALBERT ESTRADA against MONTEBELLO BUS LINES in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
MONTEBELLO BUS LINES
MONTEBELLO CITY OF
LOS ANGELES COUNTY
4/5/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
4/5/2018: ORDER ON COURT FEE WAIVER
Complaint; Filed by Albert Estrada (Plaintiff)Read MoreRead Less
Request to Waive Court Fees; Filed by Plaintiff/PetitionerRead MoreRead Less
Request to Waive Court FeesRead MoreRead Less
Request-Waive Court FeesRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
SUMMONSRead MoreRead Less
ORDER ON COURT FEE WAIVERRead MoreRead Less
Case Number: BC701050 Hearing Date: December 23, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On April 5, 2018, plaintiff Albert Estrada filed this action against defendants Montebello Bus Lines, City of Montebello, and the County of Los Angeles for injuries relating to an automobile collision. On October 7, 2019, the Court dismissed this case due to Plaintiff’s and counsel’s failure to appear for trial. Plaintiff seeks to set aside dismissal on the grounds of attorney fault.
“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Ibid.) “[T]he 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.” (Ibid.)
This Motion to set aside dismissal was timely filed within six months of dismissal. Plaintiff’s counsel states he inadvertently removed all calendar dates relating to this case because a different case named “Estrada” had settled. The Court finds dismissal was due to counsel’s excusable neglect. The Motion to set aside the October 7, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for July 7, 2020 in Department 4B and the final status conference is set for June 23, 2020 in Department 4B. Plaintiff appears to have not served Defendants even though this case is one year and nine months old and as public entities, they are easily served. Plaintiff is to serve Defendants immediately and file the proof of service of summons.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.