This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 00:03:17 (UTC).

ELIZABETH ELIZALDE VS CAL STOCK ET AL

Case Summary

On 08/30/2017 ELIZABETH ELIZALDE filed a Personal Injury - Motor Vehicle lawsuit against CAL STOCK. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4225

  • Filing Date:

    08/30/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

ELIZALDE ELIZABETH

Defendants and Respondents

CAL STOCK

DOES 1 TO 100

PRICE ANNABELLA

STOCK CAL

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BANNER | ATTORNEYS

BANNER BRIAN | ESQ.

Defendant Attorney

GILBERT DON

 

Court Documents

Proof of Personal Service

2/7/2019: Proof of Personal Service

Minute Order

2/13/2019: Minute Order

Answer

2/22/2019: Answer

SUMMONS

8/30/2017: SUMMONS

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

8/30/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

 

Docket Entries

  • 02/28/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Non-Jury Trial - Not Held - Advanced and Vacated

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  • 02/22/2019
  • Answer; Filed by ANNABELLA PRICE (Defendant)

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  • 02/13/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 02/13/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 02/07/2019
  • Proof of Personal Service; Filed by ELIZABETH ELIZALDE (Plaintiff)

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  • 08/30/2017
  • SUMMONS

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  • 08/30/2017
  • Complaint; Filed by ELIZABETH ELIZALDE (Plaintiff)

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  • 08/30/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC674225    Hearing Date: December 27, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL

On August 30, 2017, plaintiff Elizabeth Elizalde filed this action against defendants Annabelle Price and Cal Stock for injuries and damages arising from a September 3, 2015 motor vehicle accident. On October 16, 2019, the Court dismissed the action as to Cal Stock because Plaintiff failed to appear at an OSC re: dismissal for failure to file a proof of service of summons on Cal Stock. Plaintiff’s counsel claims he mistakenly forgot to calendar the OSC and requests the action be reinstated as to Cal Stock.

Cal Stock opposes the motion on the grounds that the dismissal was not predicated on Plaintiff’s failure to appear at the OSC, but because of Plaintiff did not serve Cal Stock for over two years after filing the complaint. The October 16, 2019 minute order states the dismissal was pursuant to Code of Civil Procedure section 583.420, subdivision (a)(1), which allows a court to dismiss a case when service is not made within two years.

“[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.” (Code Civ. Proc., § 473, subd. (b).) Plaintiff’s counsel submitted a declaration stating his office had not calendared the OSC hearing date.

Accordingly, the Motion to set aside the October 16, 2019 dismissal is GRANTED and the action is reinstated. Plaintiff should not expect a continuance of the February 26, 2020 trial date based on her failure to serve Cal Stock, as she has had more than two years to accomplish the service. The Court sets an OSC re dismissal for failure to file a proof of service of summons for February 14, 2020 at 8:30 a.m.

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.