This case was last updated from Los Angeles County Superior Courts on 07/15/2019 at 00:01:54 (UTC).

JEANETTE ZACK ET AL VS OLIVIA MENDOZA

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8993

  • Filing Date:

    01/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

CHRISTOPHER K. LUI

 

Party Details

Plaintiffs and Petitioners

ZACK DANIELLE AS SUCCESSOR-IN-INTEREST

ZACK JEANETTE

Respondents and Defendants

MENDOZA OLIVIA

DOES 1 TO 25

ALFREDO PACKARD MEZA DOE 1

 

Court Documents

Legacy Document

9/21/2018: Legacy Document

Answer

9/21/2018: Answer

Association of Attorney

10/5/2018: Association of Attorney

Notice of Rejection - Pleadings

11/1/2018: Notice of Rejection - Pleadings

Notice of Change of Address or Other Contact Information

11/30/2018: Notice of Change of Address or Other Contact Information

Substitution of Attorney

1/25/2019: Substitution of Attorney

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

5/22/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

Certificate of Mailing for

7/12/2019: Certificate of Mailing for

Notice of Settlement

7/12/2019: Notice of Settlement

Minute Order

7/12/2019: Minute Order

PROOF OF SERVICE SUMMONS

5/29/2018: PROOF OF SERVICE SUMMONS

REQUEST FOR ENTRY OF DEFAULT

4/11/2018: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

3/20/2018: REQUEST FOR ENTRY OF DEFAULT

DECLARATION

2/6/2018: DECLARATION

DECLARATION OF REASOA8LE DILIGENCE

2/6/2018: DECLARATION OF REASOA8LE DILIGENCE

PROOF OF SERVICE SUMMONS

2/6/2018: PROOF OF SERVICE SUMMONS

SUMMONS

1/5/2018: SUMMONS

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

1/5/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

7 More Documents Available

 

Docket Entries

  • 07/12/2019
  • at 2:30 PM in Department 4A, Christopher K. Lui, Presiding; Court Order

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  • 07/12/2019
  • Minute Order ( (Court Order Pursuant to Notice of Settlement;)); Filed by Clerk

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  • 07/12/2019
  • Certificate of Mailing for (Minute Order (Court Order Pursuant to Notice of Settlement;) of 07/12/2019); Filed by Clerk

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  • 07/12/2019
  • Notice of Settlement; Filed by Jeanette Zack (Plaintiff)

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  • 07/05/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 06/21/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 05/22/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Olivia Mendoza (Defendant)

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  • 01/25/2019
  • Substitution of Attorney; Filed by Olivia Mendoza (Defendant)

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  • 11/30/2018
  • Notice of Change of Address or Other Contact Information; Filed by Jeanette Zack (Plaintiff)

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  • 11/01/2018
  • Notice of Rejection - Pleadings; Filed by Clerk

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11 More Docket Entries
  • 03/20/2018
  • REQUEST FOR ENTRY OF DEFAULT

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  • 02/06/2018
  • DECLARATION OF REASOA8LE DILIGENCE

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  • 02/06/2018
  • PROOF OF SERVICE SUMMONS

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  • 02/06/2018
  • DECLARATION

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  • 02/06/2018
  • Declaration; Filed by Jeanette Zack (Plaintiff)

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  • 02/06/2018
  • Proof of Service (not Summons and Complaint); Filed by Jeanette Zack (Plaintiff); Danielle as successor-in-interest Zack (Plaintiff)

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  • 02/06/2018
  • Declaration; Filed by Jeanette Zack (Plaintiff); Danielle as successor-in-interest Zack (Plaintiff)

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  • 01/05/2018
  • Complaint; Filed by Jeanette Zack (Plaintiff); Danielle as successor-in-interest Zack (Plaintiff)

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  • 01/05/2018
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 01/05/2018
  • SUMMONS

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Tentative Rulings

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).

PARTYS 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.