On 10/04/2017 CHRISTINE FRAZIER PRINCE filed a Personal Injury - Motor Vehicle lawsuit against BRADLEY PETER BRYANT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Disposed - Dismissed.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
PRINCE CHRISTINE FRAZIER
BRYANT BRADLEY PETER
DOES 1 TO 25
BYBERG GREGORY B. ESQ.
BYBERG GREGORY BOWEN ESQ.
3/20/2019: Minute Order
4/4/2019: Order - Dismissal
4/4/2019: Minute Order
10/4/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Taken Off Calendar by CourtRead MoreRead Less
Order - Dismissal; Filed by ClerkRead MoreRead Less
Certificate of Mailing for (Minute Order (Jury Trial) of 04/04/2019); Filed by ClerkRead MoreRead Less
Minute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
Minute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
SUMMONSRead MoreRead Less
Complaint; Filed by CHRISTINE FRAZIER PRINCE (Plaintiff)Read MoreRead Less
Case Number: BC678405 Hearing Date: November 08, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On October 4, 2017, plaintiff Christina Frazier Prince (“Plaintiff”) filed this action against defendant Bradley Peter Bryant (“Defendant”) for injuries and damages relating to an automobile accident on October 12, 2015. Plaintiff’s counsel, Gregory Byberg, claims he failed to calendar the final status conference date and trial date and failed to appear. The Court dismissed the case on April 4, 2019. Plaintiff filed this motion on October 2, 2019.
“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 and the Court finds dismissal was due to counsel’s excusable neglect. The Motion to set aside the April 4, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for June 25, 2020 in Department 4B and the final status conference is set for June 11, 2020 in Department 4B.
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 as directed by the instructions provided on the court website at www.lacourt.org.