On 05/17/2018 a Personal Injury - Motor Vehicle case was filed by ANA MARIA PENA against ELIZABETH GALVEZ RODRIGUEZ 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
CHRISTOPHER K. LUI
PENA ANA MARIA
RODRIGUEZ ELIZABETH GALVEZ
DOES 1 THROUGH 50
PANAH D. HESS
YAZDANPANAH HESAM DEAN
11/18/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 11/18/2019
11/18/2019: Minute Order - MINUTE ORDER (JURY TRIAL)
11/18/2019: Order - Dismissal
10/31/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
5/17/2018: SUMMONS -
5/17/2018: COMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE; 2. NEGLIGENCE PER SE
Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - HeldRead MoreRead Less
DocketCertificate of Mailing for ((Jury Trial) of 11/18/2019); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
DocketOrder - Dismissal; Filed by ClerkRead MoreRead Less
Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by Ana Maria Pena (Plaintiff)Read MoreRead Less
DocketCOMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE; 2. NEGLIGENCE PER SERead MoreRead Less
Case Number: BC706587 Hearing Date: January 13, 2020 Dept: 4A
Motion to Set Aside Dismissal
Having considered the moving papers, the Court rules as follows.
On May 17, 2018, Plaintiff Ana Maria Pena (“Plaintiff”) filed a complaint against Defendant Elizabeth Galvez Rodriguez (“Defendant”). Th complaint alleges vehicular negligence and negligence per se for an automobile collision that occurred on May 19, 2016.
On November 18, 2019, the Court dismissed the complaint without prejudice because no party appeared for trial or communicated with the Court as to why there were no appearances made at trial.
On November 25, 2019, Plaintiff filed a motion to set aside the November 18, 2019 dismissal pursuant to California Code of Civil Procedure section 473, subdivision (b).
Plaintiff asks the Court to set aside the November 18, 2019 dismissal on the grounds that Plaintiff’s counsel failed to calendar the trial date.
California Code of Civil Procedure section 473, subdivision (b) states: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a[n] . . . other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief . . . shall be made within a reasonable time, in no case exceeding six months, after the . . . other proceeding was taken. . . .”
Relief is mandatory when an attorney files the required affidavit, even if the attorney's neglect was inexcusable. (Carmel, Ltd. v. Tavoussi (2009) 175 Cal.App.4th 393, 401 (setting aside a default entered when the attorney failed to file an answer).) No reason need be given for the existence of one of these circumstances and attestation that one of these reasons existed is sufficient to obtain relief, unless the trial court finds that the dismissal did not occur because of these reasons. (Graham v. Beers (1994) 30 Cal.App.4th 1656, 1660.)
“The court shall, whenever relief is granted based on attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.” (Code Civ. Proc. § 473, subd. (b).)
Plaintiff’s counsel declares that the OSC date was not correctly placed on Plaintiff’s counsel’s calendar. (Panah Decl.) As such, Plaintiff’s counsel failed to appear and the Court dismissed the action.
Plaintiff’s counsel mistakenly states she failed to appear at the OSC date. This is not what occurred here. Rather, Plaintiff’s counsel failed to appear at trial. The Court finds Plaintiff’s calendaring mistakes run deeper than merely a failure to appear at trial. As such, the Court finds this declaration to be sufficient. Relief is mandatory pursuant to Plaintiff’s counsel’s declaration of fault.
Plaintiff’s motion is GRANTED.
The November 18, 2019 order is VACATED.
A Trial Setting Conference is set for May 18, 2020 at 8:30 a.m. in Department 28. An OSC Re: Dismissal for Failure to Serve Complaint and Summons is scheduled for May 18, 2021 at 8:30 a.m. in Department 28 at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.
Plaintiff is ordered to give notice of this ruling.