This case was last updated from Los Angeles County Superior Courts on 07/08/2019 at 02:49:24 (UTC).

ALBERT ESTRADA VS MONTEBELLO BUS LINES ET AL

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1050

  • Filing Date:

    04/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioner and Plaintiff

ESTRADA ALBERT

Defendants and Respondents

MONTEBELLO BUS LINES

MONTEBELLO CITY OF

LOS ANGELES COUNTY

DOES 1-100

 

Court Documents

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

4/5/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

ORDER ON COURT FEE WAIVER

4/5/2018: ORDER ON COURT FEE WAIVER

SUMMONS

4/5/2018: SUMMONS

 

Docket Entries

  • 04/05/2018
  • Complaint; Filed by Albert Estrada (Plaintiff)

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  • 04/05/2018
  • Request to Waive Court Fees; Filed by Plaintiff/Petitioner

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  • 04/05/2018
  • Request to Waive Court Fees

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  • 04/05/2018
  • Request-Waive Court Fees

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  • 04/05/2018
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 04/05/2018
  • SUMMONS

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  • 04/05/2018
  • ORDER ON COURT FEE WAIVER

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Tentative Rulings

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.