****8040
12/22/2017
Pending - Other Pending
Personal Injury - Motor Vehicle
Los Angeles, California
JUAREZ JOSE MANUEL GARCIA
DOES 1 TO 20
ZOLIZ MORBIN
LAW OFFICES OF MAURO FIORE JR.
12/26/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
12/26/2017: SUMMONS
3/13/2018: Proof of Service of Summons and Complaint
1/25/2018: NOTICE OF ASSOCIATION OF ATTORNEY
DocketProof of Service (not Summons and Complaint); Filed by Jose Manuel Garcia Juarez (Plaintiff)
[-] Read LessDocketProof of Service of Summons and Complaint
[-] Read LessDocketNOTICE OF ASSOCIATION OF ATTORNEY
[-] Read LessDocketAssociation of Attorney; Filed by Jose Manuel Garcia Juarez (Plaintiff)
[-] Read LessDocketSUMMONS
[-] Read LessDocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
[-] Read LessDocketComplaint; Filed by Jose Manuel Garcia Juarez (Plaintiff)
[-] Read LessCase Number: ****8040 Hearing Date: December 16, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
| JOSE MANUEL GARCIA JUAREZ, Plaintiff(s), vs. MORBIN ZOLIZ, et al., Defendant(s). | ) ) ) ) ) ) ) ) ) ) | Case No.: ****8040 [TENTATIVE] ORDER GRANTING MOTION TO VACATE DISMISSAL Dept. 3 1:30 p.m. December 16, 2019 |
Plaintiff, Jose Manuel Garcia Juarez filed this action against Defendant, Morbin Zoliz for damages arising out of an automobile accident. Plaintiff filed the complaint on 12/16/17. Plaintiff filed proof of service of the summons and complaint on Defendant on 3/13/18. Defendant has not appeared, and Plaintiff has not had his default entered. Plaintiff failed to appear at the 6/11/19 FSC or the 6/26/19 trial. On 6/26/19, the Court dismissed the case.
At this time, Plaintiff moves to set aside the dismissal. Plaintiff’s attorney declares the failure to appear at the FSC and trial was due to an oversight; Plaintiff also declares a request for entry of default was filed, but default has not been entered; notably, the request is purportedly attached as Exhibit A to the moving papers, but there are no exhibits to the moving papers. The motion is granted. CCP ;473(b).
The Court sets an OSC re: entry of default for Tuesday, 2/18/20 at 8:30 a.m. in Department 3 of the Spring Street Courthouse.
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.