On 04/09/2018 a Personal Injury - Motor Vehicle case was filed by JOCELYN CANDELL against ASBET ANDREASSIAN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
KRISTIN S. ESCALANTE
DOES 1 TO 5 0
10/9/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 10/09/2019
10/9/2019: Minute Order - MINUTE ORDER (JURY TRIAL)
10/9/2019: Order - Dismissal
9/23/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
4/6/2018: SUMMONS -
4/6/2018: COMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE;
DocketCertificate of Mailing for ((Jury Trial) of 10/09/2019); Filed by ClerkRead MoreRead Less
DocketOrder - Dismissal; Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
Docketat 10:00 AM in Department 2, Kristin S. Escalante, Presiding; Final Status Conference - HeldRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketComplaint; Filed by Jocelyn Candell (Plaintiff)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketCOMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE;Read MoreRead Less
Case Number: BC701429 Hearing Date: November 06, 2019 Dept: 2
Candell v. Andreassian
Plaintiff’s Motion to Set Aside the Order for Dismissal, filed on 10/15/19, is GRANTED. The dismissal entered on 10/9/19 is vacated. Cal Code Civil Procedure § 473(b). The motion is timely made and based on the Declaration of D. Hess Panah.
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.
A motion for order to vacate dismissal must be filed within six months of the dismissal and show grounds of mistake, inadvertence, surprise, and excusable neglect. Cal Code Civil Procedure § 436(b).
The motion is timely made and is supported by the Declaration of D. Hess Panah, who failed to properly calendar the trial date, which supports a showing of excusable neglect. Declaration of D. Hess Panah, 6:7-11. Flores v. Board of Supervisors (1970) 13 Cal. App. 3d 480, 483.
The Court notes that there is no proof of service of the summons and complaint in the file. The Court sets an OSC re dismissal for failure to file a proof of service for April 13, 2020.
Moving party is ordered to give notice.