On 06/21/2017 ARACELI ALANIS filed a Personal Injury - Other Personal Injury lawsuit against MARLENE MENDOZA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
DOES 1 TO 100
MONTES EDUARDO ZEPEDA AKA EDDIE MONTES AKA EDDIE MONTES
VALENCIA EVERARDO VARGAS ESQ.
VALENCIA EVERARDO VARGAS
9/25/2018: FIRST AMENDED COMPLAINT
10/18/2018: Proof of Personal Service
11/26/2018: Ex Parte Application
11/26/2018: Minute Order
6/21/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
7/14/2017: PLAINTIFF'S STATEMENT OF DAMAGES AGAINST DEFENDANT
Summons (on Second Amended Complaint); Filed by Araceli Alanis (Plaintiff)Read MoreRead Less
Complaint (2nd); Filed by Araceli Alanis (Plaintiff); Maria Alanis (Plaintiff); Jose Gonzalez (Plaintiff) et al.Read MoreRead Less
Amended Complaint ((2nd)); Filed by Araceli Alanis (Plaintiff); Araceli Alanis (Plaintiff); Maria Alanis (Plaintiff) et al.Read MoreRead Less
at 08:30 AM in Department 4; Jury Trial - Not Held - Advanced and Continued - by CourtRead MoreRead Less
at 10:00 AM in Department 4; Final Status Conference - Not Held - Advanced and Continued - by CourtRead MoreRead Less
at 08:30 AM in Department 4; Ex-Parte Proceedings (for an order to continue trial) - Held - Motion GrantedRead MoreRead Less
Minute Order ((Ex-Parte application for an order to continue trial;)); Filed by ClerkRead MoreRead Less
Notice of Ex Parte Application an Ex Parte Application for an order to continue trial; Filed by Araceli Alanis (Plaintiff)Read MoreRead Less
Proof of Personal Service; Filed by Araceli Alanis (Plaintiff)Read MoreRead Less
Proof of Service - No Service; Filed by Araceli Alanis (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
FIRST AMENDED COMPLAINTRead MoreRead Less
Statement of Damages (Personal Injury or Wrongful Death); Filed by Araceli Alanis (Plaintiff)Read MoreRead Less
PLAINTIFF'S STATEMENT OF DAMAGES AGAINST DEFENDANTRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
ORDER ON COURT FEE WAIVERRead MoreRead Less
Complaint; Filed by Araceli Alanis (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
Case Number: BC665943 Hearing Date: September 11, 2020 Dept: 28
Motion to Set Aside Dismissal
Having considered the moving papers, the Court rules as follows. No opposition has been filed.
This dog bite action commenced on June 21, 2017. On January 28, 2019, Plaintiffs Araceli Alanis, Maria Alanis, Jose Gonzalez, and Bryan Salazar (“Plaintiffs”) filed a Second Amended Complaint (“SAC”) against Eduardo Zepeda Motes aka Eddie Montes, Consuelo Cruz, and Marlen Mendoza (“Defendants”) for (1) negligent breach of implied warranty of habitability, (2) nuisance negligence, (3) breach of implied covenant of quiet enjoyment, (4) negligent violation of statutory duty, (5) violation of statutory duty-intentional, and (6) intentional infliction of emotional distress.
On October 4, 2019, Plaintiffs dismissed the action without prejudice.
On May 7, 2020, Plaintiff Araceli Alanis (“Plaintiff”) filed a motion to set aside the dismissal.
Plaintiff requests that the Court set aside the dismissal of the action on October 4, 2019 based on attorney mistake, inadvertence, and neglect.
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 . . . an 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. . . .”
Plaintiff’s motion was filed more than 6 months from the dismissal. Plaintiff argues that Emergency Rule 9 tolled the deadline to file this motion and thus it is timely. However, Emergency Rule 9 tolls the statute of limitations for civil causes of action. Thus, it does not appear to apply to this situation. The Court also notes that no proof of service is attached to the instant motion.
The motion is DENIED.
Plaintiff is ordered to give notice of this ruling.
The parties are directed to the header of this tentative ruling for further instructions.
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