On 01/31/2018 a Personal Injury - Motor Vehicle case was filed by EDWARD GRASSO against JASSEN HANSKEN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
****2592
01/31/2018
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
VILLANUEVA ELVIRA
GRASSO EDWARD
FARMERS INSURANCE CO. INC.
CRAIG HENRY
DOES 1 TO 25
HANSKEN JASSEN
1/31/2018: CoverSheet
1/31/2018: CoverSheet
1/31/2018: Summons
1/31/2018: Complaint
Complaint; Filed by Edward Grasso (Plaintiff); Elvira Villanueva (Plaintiff)
Complaint
Summons; Filed by Edward Grasso (Plaintiff); Elvira Villanueva (Plaintiff)
Case Number: BC692592 Hearing Date: December 04, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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EDWARD GRASSO, Plaintiff(s), vs. JASSEN HANSKEN, et al., Defendant(s). |
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Case No.: BC692592 [TENTATIVE] ORDER GRANTING MOTION TO VACATE DISMISSAL Dept. 3 1:30 p.m. December 4, 2019 |
Plaintiffs, Edward Grasso and Elvira Villanueva filed this action against Defendants, Jassen Hansken, Henry Craig, and Farmers Insurance Company for damages arising out of an automobile accident. Plaintiff filed the complaint on 1/31/18. Plaintiff has not, to date, filed proof of service of the summons and complaint on Defendant. Plaintiff failed to appear at the 7/17/19 FSC or the 7/31/19 trial. On 7/31/19, the Court dismissed the case.
At this time, Plaintiff moves to set aside the dismissal. Plaintiff’s attorney declares the failure to appear at the FSC and trial was due to the copy of the general order he received not being stamped with the FSC or trial date. He declares he checked the court’s website from time to time to find the FSC or trial date, but none was indicated.
The copy of the complaint (not general order) in the court’s file shows the FSC and trial dates on its face. The Court cannot look retroactively at the previously scheduled court dates, but finds it highly unusual that those dates would not have appeared, from the onset of the case, as scheduled events; indeed, the Court would and could not have called these events for FSC and/or trial if they did not appear on the calendar. Additionally, the fact that Counsel did not know the FSC and/or trial dates does not explain or excuse the failure to file proof of service of the summons and complaint on Defendant.
Regardless, because excusable neglect need not be shown when a motion is based on an attorney affidavit of fault, the motion is granted. CCP §473(b).
The Court sets an OSC re: proof of service and trial setting conference for Tuesday, 2/04/20 at 8:30 a.m. in Department 3 of the Spring Street Courthouse.
Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.