On 01/05/2018 a Personal Injury - Motor Vehicle case was filed by JEANETTE ZACK against OLIVIA MENDOZA in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
****8993
01/05/2018
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
ZACK DANIELLE AS SUCCESSOR-IN-INTEREST
ZACK JEANETTE
MENDOZA OLIVIA
DOES 1 TO 25
ALFREDO PACKARD MEZA DOE 1
9/21/2018: Legacy Document
9/21/2018: Answer
10/5/2018: Association of Attorney
11/1/2018: Notice of Rejection - Pleadings
11/30/2018: Notice of Change of Address or Other Contact Information
1/25/2019: Substitution of Attorney
5/22/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person
7/12/2019: Certificate of Mailing for
7/12/2019: Notice of Settlement
7/12/2019: Minute Order
5/29/2018: PROOF OF SERVICE SUMMONS
4/11/2018: REQUEST FOR ENTRY OF DEFAULT
3/20/2018: REQUEST FOR ENTRY OF DEFAULT
2/6/2018: DECLARATION
2/6/2018: DECLARATION OF REASOA8LE DILIGENCE
2/6/2018: PROOF OF SERVICE SUMMONS
1/5/2018: SUMMONS
1/5/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
at 2:30 PM in Department 4A, Christopher K. Lui, Presiding; Court Order
Minute Order ( (Court Order Pursuant to Notice of Settlement;)); Filed by Clerk
Certificate of Mailing for (Minute Order (Court Order Pursuant to Notice of Settlement;) of 07/12/2019); Filed by Clerk
Notice of Settlement; Filed by Jeanette Zack (Plaintiff)
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation
at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation
[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Olivia Mendoza (Defendant)
Substitution of Attorney; Filed by Olivia Mendoza (Defendant)
Notice of Change of Address or Other Contact Information; Filed by Jeanette Zack (Plaintiff)
Notice of Rejection - Pleadings; Filed by Clerk
REQUEST FOR ENTRY OF DEFAULT
DECLARATION OF REASOA8LE DILIGENCE
PROOF OF SERVICE SUMMONS
DECLARATION
Declaration; Filed by Jeanette Zack (Plaintiff)
Proof of Service (not Summons and Complaint); Filed by Jeanette Zack (Plaintiff); Danielle as successor-in-interest Zack (Plaintiff)
Declaration; Filed by Jeanette Zack (Plaintiff); Danielle as successor-in-interest Zack (Plaintiff)
Complaint; Filed by Jeanette Zack (Plaintiff); Danielle as successor-in-interest Zack (Plaintiff)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
SUMMONS
Case Number: BC688993 Hearing Date: January 16, 2020 Dept: 28
Motion to Set Aside Dismissal
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On January 5, 2018, Plaintiffs Jeanette Zack and Danielle Zack (“Plaintiffs”) filed a complaint against Defendant Olivia Mendoza (“Defendant”) alleging motor vehicle and general negligence for an automobile collision that occurred on February 11, 2016.
On May 9, 2018, Plaintiffs filed an amendment to their complaint renaming Doe 1 as Defendant Alfredo Packard Meza.
On September 10, 2019, the Court dismissed the complaint with prejudice.
On December 18, 2019, Defendant filed a motion to set aside the November 26, 2019 dismissal pursuant to California Code of Civil Procedure section 473, subdivision (b).
PARTY’S REQUEST
Defendant asks the Court to set aside the September 10, 2019 dismissal on the ground that Defendant’s counsel did not have Plaintiffs’ authority to file the request for dismissal.
LEGAL STANDARD
California Code of Civil Procedure section 1005, subdivision (b) states, in relevant part, “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. . . . However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California. . . .”
DISCUSSION
The motion was filed on December 18, 2019. It was served on Plaintiffs on December 18, 2019 by U.S. mail. Sixteen court-days plus five regular days after December 18, 2019 is January 21, 2020. As such, insufficient notice of this motion was given to Plaintiffs.
The hearing on Defendant’s motion to set aside is CONTINUED to January 29, 2020 at 1:30 p.m. in Department 28 at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.
Plaintiffs may file an opposition by 11:59 p.m. on January 21, 2020.
Defendant may file a reply by 11:59 p.m. on January 23, 2020.
Defendant is ordered to give notice of this ruling.