This case was last updated from Los Angeles County Superior Courts on 05/29/2019 at 00:14:19 (UTC).

JOSEPH RODRIGUEZ JR VS ESLYN GUARDADO CARTAGENA

Case Summary

On 07/10/2017 JOSEPH RODRIGUEZ JR filed a Personal Injury - Motor Vehicle lawsuit against ESLYN GUARDADO CARTAGENA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8067

  • Filing Date:

    07/10/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

RODRIGUEZ JR. JOSEPH

Defendants and Respondents

CARTAGENA ESLYN GUARDADO

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

VALENCIA EVERARDO VARGAS ESQ.

 

Court Documents

NOT FOUND/NO SERVICE/CANCELED

3/19/2018: NOT FOUND/NO SERVICE/CANCELED

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

7/10/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

PLAINTIFF'S STATEMENT OF DAMAGES AGAINST DEFENDANT

7/10/2017: PLAINTIFF'S STATEMENT OF DAMAGES AGAINST DEFENDANT

SUMMONS

7/10/2017: SUMMONS

 

Docket Entries

  • 01/10/2019
  • at 08:30 AM in Department 5; Jury Trial - Not Held - Advanced and Vacated

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  • 12/24/2018
  • at 10:00 AM in Department 5; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 12/24/2018
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 03/19/2018
  • Miscellaneous-Other; Filed by JR., JOSEPH RODRIGUEZ (Plaintiff)

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  • 03/19/2018
  • NOT FOUND/NO SERVICE/CANCELED

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  • 07/10/2017
  • SUMMONS

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  • 07/10/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 07/10/2017
  • PLAINTIFF'S STATEMENT OF DAMAGES AGAINST DEFENDANT

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  • 07/10/2017
  • Complaint; Filed by JR., JOSEPH RODRIGUEZ (Plaintiff)

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Tentative Rulings

Case Number: BC668067    Hearing Date: December 17, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

Joseph Rodriguez jr.,

Plaintiff,

v.

eslyn guardano cartagena,

Defendant.

Case No.: BC668067

Hearing Date: December 17, 2020

[TENTATIVE] order RE:

plaintiff’s motion to set aside dismissal

Plaintiff Joseph Rodriguez Jr. (“Plaintiff”) moves to set aside the Court’s order of March 3, 2020, in which the Court dismissed this action for Plaintiff’s counsel’s failure to appear at an Order to Show Cause why this case should not be dismissed for failure to enter default/default judgment. Per Code of Civil Procedure, section 473, subdivision (b), a court may “relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) “[W]hen relief under section 473 is available, there is a strong public policy in favor of granting relief and allowing the requesting party his or her day in court.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981-982, internal quotations omitted.)

Plaintiff has proffered a declaration from his counsel, Everado Vargas Valencia (“Counsel”). Counsel states that he failed to appear at the hearing because he erroneously calendared the hearing date. Plaintiff has shown that the Court’s dismissal of this matter was the result of Counsel’s mistake.

Plaintiff’s motion is granted. The Court sets an Order to Show Cause why this case should not be dismissed for failing to enter default/default judgment for March 15, 2021, at 8:30 a.m. Notice is not required.

DATED: December 17, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

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