This case was last updated from Los Angeles County Superior Courts on 06/11/2019 at 11:22:02 (UTC).

JAYNA JOHNSON VS CARLOS ALVARADO GONZALEZ

Case Summary

On 03/08/2017 JAYNA JOHNSON filed a Personal Injury - Motor Vehicle lawsuit against CARLOS ALVARADO GONZALEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARK A. BORENSTEIN and JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2906

  • Filing Date:

    03/08/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARK A. BORENSTEIN

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

JOHNSON JAYNA

Defendants and Respondents

GONZALEZ CARLOS ALVARADO

DOES 1 TO 25

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

SHEMTOUB MICHAEL

 

Court Documents

Minute Order

8/22/2018: Minute Order

Minute Order

9/10/2018: Minute Order

Motion for Order

3/26/2019: Motion for Order

Minute Order

4/15/2019: Minute Order

Order

4/15/2019: Order

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

3/8/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

Unknown

3/14/2017: Unknown

ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

3/28/2017: ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

 

Docket Entries

  • 04/15/2019
  • at 4:15 PM in Department 3, Jon R. Takasugi, Presiding; Court Order - Held - Motion Denied

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  • 04/15/2019
  • at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion - Other (Motion for an Order Reinstating the Caption Case) - Not Held - Rescheduled by Party

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  • 04/15/2019
  • Minute Order ( (Court Order Re: Hearing on Motion - Other Motion for an Order...)); Filed by Clerk

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  • 04/15/2019
  • Order (By the Court denying motion to reinstate case); Filed by Clerk

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  • 03/26/2019
  • Motion for Order (NOTICE OF AND MOTION FOR AN ORDER REINSTATING THE CAPTIONED CASE); Filed by Jayna Johnson (Plaintiff)

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  • 09/10/2018
  • at 08:30 AM in Department 3; (Trial; Order of Dismissal) -

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  • 09/10/2018
  • Minute order entered: 2018-09-10 00:00:00; Filed by Clerk

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  • 09/10/2018
  • Minute Order

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  • 08/22/2018
  • at 10:00 AM in Department 3; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 08/22/2018
  • Minute order entered: 2018-08-22 00:00:00; Filed by Clerk

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  • 08/22/2018
  • Minute Order

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  • 03/28/2017
  • at 1:30 PM in Department 44; Unknown Event Type - Held - Motion Granted

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  • 03/28/2017
  • ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

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  • 03/28/2017
  • Order on Court Fee Waiver After Hearing (Superior Court); Filed by Court

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  • 03/14/2017
  • Order on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 03/14/2017
  • ORDER ON COURT FEE WAIVER

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  • 03/08/2017
  • Complaint; Filed by Jayna Johnson (Plaintiff)

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  • 03/08/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 03/08/2017
  • Request to Waive Court Fees; Filed by Jayna Johnson (Plaintiff)

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Tentative Rulings

Case Number: BC652906    Hearing Date: November 01, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

JAYNA JOHNSON,

Plaintiff(s),

vs.

CARLOS ALVARADO GONZALEZ, ET AL.,

Defendant(s).

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CASE NO: BC652906

[TENTATIVE] ORDER DENYING MOTION TO REINSTATE CASE

Dept. 3

1:30 p.m.

November 1, 2019

1. Background Facts

Plaintiff filed this action on 3/08/17. Plaintiff has not, to date, filed proof of service of the summons and complaint. Plaintiff failed to appear at the 8/22/18 FSC and the 9/10/18 trial; on 9/10/18, the Court dismissed the case.

2. Motion to Reinstate Action

The Court was originally scheduled to hear this motion on 4/15/19. Prior to the hearing, the Court issued the following tentative ruling:

Plaintiff moves to reinstate the case. Plaintiff moves pursuant to CCP §473(b), which requires the Court to vacate a dismissal if the dismissal was entered as a result of attorney neglect. However, as Plaintiff correctly notes in the moving papers, §473(b) requires the moving party to file the motion within six months after dismissal is entered. The Court dismissed the case on 9/10/18; six months ran on or about 3/10/19. Plaintiff filed the motion on 3/26/19.

This limit is jurisdictional in the sense that the court has no power to grant relief after this time regardless of whether an “attorney affidavit of fault” is filed or how reasonable the excuse for the delay. Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 928.

Plaintiff, in the notice of motion, also references CCP §472 as a ground for relief. Plaintiff does not brief how §472 gives rise to relief. §472 concerns amendment of pleadings and has no relevance to this action.

The motion is denied. No notice is necessary, as no other party has appeared in the action.

For reasons that are not clear, Plaintiff appears to have changed the hearing date on the motion from 4/15/19 to 11/01/19 after review of the tentative ruling but prior to the hearing. However, the Court called the matter for hearing on 4/15/19 and, because no party appeared, the Court adopted the above tentative ruling as the final order of the Court.

To the extent the Court acted in error, as the hearing on the motion had been continued prior to the hearing, the Court finds no circumstances exist to change its prior ruling, and adopts it at this time. Notably, there has been no additional briefing since the 4/15/19 hearing. The Court notes that a continuance from 4/15/19 to 11/01/19 is an almost seven-month continuance, and the Court’s calendar did not necessitate a continuance of this duration.

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.