On 04/12/2017 LAURA CONTRERAS filed a Personal Injury - Motor Vehicle lawsuit against MICHAEL COOK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are YOLANDA OROZCO and LAURA A. SEIGLE. The case status is Disposed - Dismissed.
****7571
04/12/2017
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
YOLANDA OROZCO
LAURA A. SEIGLE
CONTRERAS LAURA
RODRIGUEZ LAURA FORMERLY CONTRERAS LAURA
RODRIGUEZ LAURA FORMERLY CONTRERAS
RODRIGUEZ LORENA
COOK MICHAEL
DOES 1 TO 50
CHARTER COMMUNICATIONS INC [DOE1]
PRATT COMMUNICATIONS INC. DOE 2
SALEH HUSSIN ESQ.
MIZELL BRIAN S. ESQ
ENDRES RICHARD S. ESQ.
BOLLIG PATRICK GEORGE
8/28/2019: Order - Dismissal
8/28/2019: Minute Order
8/28/2019: Certificate of Mailing for
8/8/2019: Statement of Damages (Personal Injury or Wrongful Death)
8/8/2019: Proof of Service by Mail
8/14/2019: Minute Order
5/14/2019: Proof of Service by Substituted Service
2/21/2019: Minute Order
9/6/2018: ANSWER OF DEFENDANT CHARTER COMMUNICATIONS, INC. TO PLAINTIFF'S UNVERIFIED COMPLAINT
5/7/2018: AMENDMENT TO COMPLAINT
7/12/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC, AND RELATED DATES
11/17/2017: CIVIL DEPOSIT
11/20/2017: NOTICE OF CHANGE OF ADDRESS AND CONTACT INFORMATION
4/12/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
5/1/2017: PROOF OF SERVICE OF SUMMONS
5/3/2017: FIRST AMENDED SUMMONS
5/3/2017: FIRST AMENDED COMPLAINT
6/1/2017: REQUEST FOR DISMISSAL
Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Taken Off Calendar by Court
DocketCertificate of Mailing for ((Jury Trial) of 08/28/2019); Filed by Clerk
DocketOrder - Dismissal; Filed by Clerk
DocketMinute Order ( (Jury Trial)); Filed by Clerk
Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court
DocketMinute Order ( (Final Status Conference)); Filed by Clerk
Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment
DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by Lorena Rodriguez (Plaintiff)
DocketProof of Service by Mail; Filed by Lorena Rodriguez (Plaintiff)
DocketProof of Service by Mail; Filed by Lorena Rodriguez (Plaintiff)
DocketPartial Dismissal (with Prejudice); Filed by LAURA FORMERLY CONTRERAS RODRIGUEZ (Plaintiff)
DocketFirst Amended Complaint; Filed by Lorena Rodriguez (Plaintiff)
DocketFIRST AMENDED COMPLAINT
DocketFIRST AMENDED CIVIL CASE COVER SHEET
DocketFIRST AMENDED SUMMONS
DocketPROOF OF SERVICE OF SUMMONS
DocketProof-Service/Summons; Filed by LAURA FORMERLY CONTRERAS RODRIGUEZ (Plaintiff)
DocketComplaint; Filed by LAURA FORMERLY CONTRERAS RODRIGUEZ (Plaintiff)
DocketSUMMONS
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Case Number: BC657571 Hearing Date: November 14, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On April 12, 2017, plaintiff Laura Contreras (“Contreras”) filed this action against defendant Michael Cook (“Defendant”) for damages arising from a pedestrian versus automobile accident. Plaintiff Lorena Rodriguez (“Rodriguez”) was added in a First Amended Complaint on May 3, 2017. Contreras later settled with Defendant and was dismissed from the case on June 1, 2017.
On May 7, 2018, Charter Communications, Inc. was named as a Doe defendant. Rodriguez later learned that Pratt Communications, Inc. was the registered owner of the vehicle driven by Defendant. Pratt Communications, Inc. was then named as a Doe Defendant, and Charter Communications, Inc. was dismissed on July 3, 2019. Rodriguez’s claim with Defendant settled, leaving Pratt Communications, Inc. as the remaining defendant.
A Final Status Conference was scheduled for August 14, 2019 and trial was scheduled for August 28, 2019. When Rodriguez’s counsel failed to appear at the final status conference and trial, the Court dismissed the case. Counsel does not explain why he did not appear at the FSC. Counsel’s paralegal states he made a mistake in removing the trial date from the attorney’s calendar.
“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.)
The Motion to set aside the August 28, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for April 17, 2020 in Department 4B and the final status conference is set for April 3, 2020 in Department 4B. All dates are based on the new trial date.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.