On 06/07/2018 KINTA SMITH filed a Personal Injury - Motor Vehicle lawsuit against JOSE SALMERON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Disposed - Dismissed.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
YELLO CAB CO.
PANAH D. HESS ESQ.
12/9/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 12/09/2019
12/9/2019: Minute Order - MINUTE ORDER (JURY TRIAL)
12/9/2019: Order - Dismissal
11/21/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
6/7/2018: SUMMONS -
6/7/2018: COMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE; ETC
Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketCertificate of Mailing for ((Jury Trial) of 12/09/2019); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
DocketOrder - Dismissal; Filed by ClerkRead MoreRead Less
Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by Kinta Smith (Plaintiff)Read MoreRead Less
DocketCOMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE; ETCRead MoreRead Less
Case Number: BC709086 Hearing Date: January 15, 2020 Dept: 27
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On June 7, 2018, plaintiff Kinta Smith (“Plaintiff”) filed this action against defendants Jose Salmeron, Sheikh Salam, and Yellow Cab Co. for injuries sustained in connection with a June 7, 2016 car accident. Trial was scheduled for December 9, 2019. When neither party appeared, the Court dismissed the case without prejudice. Plaintiff moves to set aside the dismissal on grounds of attorney mistake.
“The court may, upon any terms as may be just, 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.” (Code Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Ibid.) “[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect.” (Ibid.)
Plaintiff’s counsel, D. Hess Panah, declares he is a solo practitioner and that his failure to appear on the day of trial was inadvertent and that he was not sure if the trial date was ever properly placed in the file or calendared. Plaintiff has not yet filed a proof of service of summons, and apparently has not yet served the complaint and summons even though this case is more than 1.5 years old.
The Motion to set aside the December 9, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for June 10, 2020 at 8:30 a.m.in Department 27 and the final status conference is set for May 27, 2020 at 10 a.m. in Department 27. Plaintiff is to serve Defendants forthwith. Plaintiff should not expect any further trial continuances based on Plaintiff’s failure to exercise diligence in serving the complaint and summons.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.