On 10/10/2017 FRANCISCO GIL PRIETO BAUTISTA filed a Personal Injury - Motor Vehicle lawsuit against SONORA BAKERY INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Dismissed.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
BAUTISTA FRANCISCO GIL
DOES 1 TO 50
SONORA BAKERY INC
SEPULVEDA SANCHEZ LAW PC
PERRY ARIELLA EVELYN
9/19/2018: ASSOCIATION OF ATTORNEYS
11/16/2018: Motion to Compel
11/26/2018: Notice of Change of Address or Other Contact Information
12/6/2018: Proof of Service by Mail
2/8/2019: Amendment to Complaint (Fictitious/Incorrect Name)
3/26/2019: Minute Order
4/2/2019: Proof of Personal Service
4/10/2019: Minute Order
4/10/2019: Order - Dismissal
12/4/2017: ANSWER TO COMPLAINT ON BEHALF OF DEFENDANT SONORA BAKERY, INC.; DEMAND FOR TRIAL BY JURY
10/31/2017: NOTICE OF ASSOCIATION OF COUNSEL FOR PLAINTIFF
10/25/2017: PROOF OF SERVICE OF SUMMONS
10/10/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - HeldRead MoreRead Less
Order - Dismissal; Filed by ClerkRead MoreRead Less
Certificate of Mailing for (Minute Order (Jury Trial) of 04/10/2019); Filed by ClerkRead MoreRead Less
Minute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
Proof of Personal Service; Filed by FRANCISCO GIL BAUTISTA (Plaintiff)Read MoreRead Less
at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - HeldRead MoreRead Less
Minute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
Answer (to Complaint); Filed by Manuel Monroy (Defendant)Read MoreRead Less
Amendment to Complaint (Fictitious/Incorrect Name); Filed by FRANCISCO GIL BAUTISTA (Plaintiff)Read MoreRead Less
at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion to Compel (Response to Interrogatories) - Not Held - Vacated by CourtRead MoreRead Less
CIVIL DEPOSITRead MoreRead Less
Receipt; Filed by Defendant/RespondentRead MoreRead Less
Answer; Filed by Defendant/RespondentRead MoreRead Less
Association of Attorney; Filed by Plaintiff/PetitionerRead MoreRead Less
NOTICE OF ASSOCIATION OF COUNSEL FOR PLAINTIFFRead MoreRead Less
PROOF OF SERVICE OF SUMMONSRead MoreRead Less
Proof-Service/Summons; Filed by FRANCISCO GIL BAUTISTA (Plaintiff)Read MoreRead Less
Complaint; Filed by FRANCISCO GIL BAUTISTA (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Case Number: BC679773 Hearing Date: February 06, 2020 Dept: 29
Bautista v. Sonora Bakery, Inc.
Plaintiff’s Motion to Set Aside Dismissal and to Recalendar Trial, filed on 01/14/2020, is GRANTED. Cal Code Civil Procedure §473(b).
SUFFICIENCY OF NOTICE
Plaintiff personally served the motion on 01/14/2020, giving Defendant 16 court days of notice. However, the motion was not served on Defendant; it was served on the client, Sonora Bakery. Reply, Ex. H. The client is represented by counsel. Defendant was not given the 5-day extended notice for service by mail. Cal Code Civil Procedure § 1005(b).
However, Defendant has not shown any prejudice resulting from the defective notice. Under certain circumstances, a party may be deemed to have waived any irregularity in the notice by appearing at the hearing, opposing the motion, not asking for a continuance and not demonstrating any prejudice resulting from the shortened notice.Carlton v. Quint (2000) 77 Cal. App. 4th 690. A showing of prejudice arising from defective notice is required. Reedy v. Bussell (2007) 148 Cal. App. 4th 1272, 1289.
The purpose of the notice period is to allow the other party to file an opposition. If an opposition is filed and no prejudice is shown, then the purpose of the notice requirements is met. The defect is waived. Arambula v. Union Carbide Corp. (2005) 128 Cal. App. 4th 333, 342-343.
Defendant has not shown any prejudice resulting from defective notice. The Court has considered the timely-filed opposition.
MERITS OF MOTION
The Court has discretion to grant relief from dismissal where dismissal is taken through a party’s mistake, inadvertence, surprise, and excusable neglect. Cal Code Civil Procedure § 473.
If there is no prejudice, only slight evidence is needed. Doubts are resolved in favor of the party seeking relief. Mink v. Superior Court (1992) 2 Cal.App.4th 1338. The law strongly favors trial and disposition on the merits. Therefore, any doubts in applying section 473 must be resolved in favor of the party seeking relief. Id at 1343.
Plaintiff filed a proposed Stipulation and Order to Continue Trial on 09/03/2019. Motion, Ex. F. However, the Court’s file reflects that the Court rejected the filing on 09/05/2019 because a stipulation to continue trial cannot exceed a total continuance of six months from the original trial date.
Counsel declares she paid the filing fee and received confirmation that the proposed stipulation and order was filed. Declaration of Cristal Cabrera, ¶ 9. Counsel declares she never received a notice of rejection of the stipulation and order. Id.
Dismissal occurred due to counsel’s inadvertence and excusable neglect, defined as “lack of heedfulness or attentiveness, inattention, fault from negligence. Excusable neglect is that neglect which might have been the act of a reasonably prudent person under the same circumstances.” Alderman v. Jacobs (1954) 128 Cal. App. 2d 273.
Defendant’s request in opposition that the Court should dismiss the case is DENIED. Discretionary dismissals are made by noticed motion. Cal Code Civil Procedure § 583.410(a).
The Court orders Plaintiff’s counsel to pay penalties of $632.65 to defense counsel pursuant to Cal Code Civil Procedure § 473(c)(1)(A) which permits imposition of penalties upon an offending attorney or party no greater than $1,000.00.
The Court sets the following dates:
FSC: April 21, 2020 at 10:00 a.m.
Trial: May 5, 2020 at 8:30 a.m.
Moving party is ordered to give notice.
Case Number: BC679773 Hearing Date: February 05, 2020 Dept: 29