****3591
03/08/2017
Disposed - Dismissed
Personal Injury - Motor Vehicle
Los Angeles, California
LAURA A. SEIGLE
CORBIN MICHKY B
NICHOLS ELVIS
4/10/2017: SUMMONS
4/4/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL
3/13/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
3/8/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
3/8/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
3/21/2019: Order - Dismissal
3/21/2019: Minute Order
3/21/2019: Unknown
9/10/2018: Minute Order
8/22/2018: Minute Order
Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; (OSC-Failure to 'OTHER') - Not Held - Taken Off Calendar by Court
[-] Read LessDocketCertificate of Mailing for (Minute Order (Legacy Event Type : OSC-Failure to 'OTHER') of 03/21/2019); Filed by Clerk
[-] Read LessDocketOrder - Dismissal; Filed by Clerk
[-] Read LessDocketMinute Order ( (Legacy Event Type : OSC-Failure to 'OTHER')); Filed by Clerk
[-] Read LessDocketat 08:30 AM in Department 7; Jury Trial - Held
[-] Read LessDocketMinute order entered: 2018-09-10 00:00:00; Filed by Clerk
[-] Read LessDocketMinute Order
[-] Read LessDocketat 10:00 AM in Department 7; Final Status Conference (Final Status Conference; Off Calendar) -
[-] Read LessDocketMinute order entered: 2018-08-22 00:00:00; Filed by Clerk
[-] Read LessDocketMinute Order
[-] Read LessDocketSummons; Filed by Clerk
[-] Read LessDocketSUMMONS
[-] Read LessDocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
[-] Read LessDocketApplication ; Filed by Plaintiff/Petitioner
[-] Read LessDocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL
[-] Read LessDocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM
[-] Read LessDocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
[-] Read LessDocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL
[-] Read LessDocketApplication ; Filed by Plaintiff/Petitioner
[-] Read LessDocketComplaint; Filed by null
[-] Read LessCase Number: ****3591 Hearing Date: November 04, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION FOR ORDER VACATING DISMISSAL; MOTION FOR PUBLICATION
On March 8, 2017, plaintiff Elvis Nichols, guardian ad litem for Roy Palmer, filed this action against Micky B. Corbin (“Defendant”) for injuries arising from a motor vehicle accident. Plaintiff did not serve Defendant. An OSC re Failure to Serve Defendant was set for March 21, 2019. Plaintiff’s counsel did not appear, and the Court dismissed the case. Plaintiff moves for an order vacating the Court’s March 21, 2019 dismissal.
“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.)
Plaintiff’s counsel explains that he appeared at the wrong courthouse for the March 21, 2019 OSC hearing. 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 March 21, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for July 15, 2020 in Department 4B and the final status conference is set for July 1, 2020 in Department 4B.
Plaintiff also filed a motion to allow service of summons by publication. Plaintiff did not follow the instructions on the Los Angeles County Superior Court website regarding applications for service by publication. See the Instructions for Applications and Orders for Publication (form LACIV221), Application for Publication (form LACIV108), and Order for Publication (form LACIV145) on the court website. Accordingly the motion is DENIED.
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.