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This case was last updated from Los Angeles County Superior Courts on 06/07/2019 at 12:09:32 (UTC).

ARACELI ALANIS VS MARLENE MENDOZA

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5943

  • Filing Date:

    06/21/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs and Petitioners

ALANIS ARACELI

GONZALEZ JOSE

ALANIS MARIA

Defendants and Respondents

MENDOZA MARLENE

DOES 1 TO 100

CRUZ CONSUELO

MENDOZA MARLEN

MONTES EDUARDO ZEPEDA AKA EDDIE MONTES AKA EDDIE MONTES

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

VALENCIA EVERARDO VARGAS ESQ.

VALENCIA EVERARDO VARGAS

 

Court Documents

FIRST AMENDED COMPLAINT

9/25/2018: FIRST AMENDED COMPLAINT

SUMMONS

9/25/2018: SUMMONS

Proof of Personal Service

10/18/2018: Proof of Personal Service

Unknown

10/18/2018: Unknown

Ex Parte Application

11/26/2018: Ex Parte Application

Minute Order

11/26/2018: Minute Order

Unknown

1/28/2019: Unknown

Summons

1/28/2019: Summons

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

6/21/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

6/21/2017: SUMMONS

Unknown

6/21/2017: Unknown

PLAINTIFF'S STATEMENT OF DAMAGES AGAINST DEFENDANT

7/14/2017: PLAINTIFF'S STATEMENT OF DAMAGES AGAINST DEFENDANT

 

Docket Entries

  • 01/28/2019
  • Summons (on Second Amended Complaint); Filed by Araceli Alanis (Plaintiff)

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  • 01/28/2019
  • Complaint (2nd); Filed by Araceli Alanis (Plaintiff); Maria Alanis (Plaintiff); Jose Gonzalez (Plaintiff) et al.

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  • 01/28/2019
  • Amended Complaint ((2nd)); Filed by Araceli Alanis (Plaintiff); Araceli Alanis (Plaintiff); Maria Alanis (Plaintiff) et al.

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  • 12/28/2018
  • at 08:30 AM in Department 4; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 12/12/2018
  • at 10:00 AM in Department 4; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 11/26/2018
  • at 08:30 AM in Department 4; Ex-Parte Proceedings (for an order to continue trial) - Held - Motion Granted

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  • 11/26/2018
  • Minute Order ((Ex-Parte application for an order to continue trial;)); Filed by Clerk

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  • 11/26/2018
  • Notice of Ex Parte Application an Ex Parte Application for an order to continue trial; Filed by Araceli Alanis (Plaintiff)

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  • 10/18/2018
  • Proof of Personal Service; Filed by Araceli Alanis (Plaintiff)

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  • 10/18/2018
  • Proof of Service - No Service; Filed by Araceli Alanis (Plaintiff)

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  • 09/25/2018
  • SUMMONS

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  • 09/25/2018
  • FIRST AMENDED COMPLAINT

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  • 07/14/2017
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Araceli Alanis (Plaintiff)

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  • 07/14/2017
  • PLAINTIFF'S STATEMENT OF DAMAGES AGAINST DEFENDANT

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  • 06/21/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 06/21/2017
  • ORDER ON COURT FEE WAIVER

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  • 06/21/2017
  • Complaint; Filed by Araceli Alanis (Plaintiff)

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  • 06/21/2017
  • SUMMONS

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Tentative Rulings

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. 

BACKGROUND

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. 

PARTIES REQUESTS

Plaintiff requests that the Court set aside the dismissal of the action on October 4, 2019 based on attorney mistake, inadvertence, and neglect. 

LEGAL STANDARD

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. . . .

DISCUSSION

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. 

CONCLUSION

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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