On 03/10/2017 EVODIE CESAR filed a Personal Injury - Motor Vehicle lawsuit against YOUNG JA LEE. 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.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
LEE YOUNG JA
DOES 1 TO 10
ONWAEZE OGOCHUKWU VICTOR
ONWAEZE OGOCHUKWU VICTOR ESQ.
SCOFIELD ELYSE K
8/24/2018: Minute Order
2/27/2019: Minute Order
3/10/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Answer; Filed by Young Ja Lee (Defendant)Read MoreRead Less
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Vacated by CourtRead MoreRead Less
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Trial Setting Conference - Held - ContinuedRead MoreRead Less
Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service; Tri...)); Filed by ClerkRead MoreRead Less
at 08:30 AM in Department 7; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
at 10:00 AM in Department 7; Final Status Conference (Final Status Conference; Off Calendar) -Read MoreRead Less
Minute OrderRead MoreRead Less
Minute order entered: 2018-08-24 00:00:00; Filed by ClerkRead MoreRead Less
Complaint; Filed by Ovodie Cesar (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Case Number: BC652949 Hearing Date: August 18, 2020 Dept: 27
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
YOUNG JA LEE,
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
August 18, 2020
On March 10, 2017, plaintiff Evodie Cesar filed this action against defendant Young Ja Lee. On February 20, 2020, the Court dismissed this case for failure to appear at the Final Status Conference and Trial Date. Plaintiff’s counsel submits a declaration stating his failure to appear was due to an understanding with opposing counsel that trial had been continued via stipulation.
“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 February 20, 2020 dismissal is GRANTED and the action is reinstated. Trial is set for September 1, 2021 in Department 27 and the final status conference is set for August 18, 2021 in Department 27.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.
Dated this 18th day of August 2020
Hon. Edward B. Moreton, Jr.
Judge of the Superior Court
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