Disposed - Dismissed
Personal Injury - Motor Vehicle
STEPHEN I. GOORVITCH
DOES 1 TO 10
HG LAW APC
CADENA MEGAN ESQ.
11/22/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
1/2/2018: DEMAND FOR JURY
1/2/2018: ANSWER TO COMPLAINT
Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court[+] Read More [-] Read Less
DocketCertificate of Mailing for (Minute Order (Jury Trial) of 05/21/2019); Filed by Clerk[+] Read More [-] Read Less
DocketOrder - Dismissal; Filed by Clerk[+] Read More [-] Read Less
DocketMinute Order ( (Jury Trial)); Filed by Clerk[+] Read More [-] Read Less
Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court[+] Read More [-] Read Less
DocketMinute Order ( (Final Status Conference)); Filed by Clerk[+] Read More [-] Read Less
DocketDemand for Jury Trial; Filed by SERGEY KRASNOV (Defendant)[+] Read More [-] Read Less
DocketReceipt; Filed by Defendant/Respondent[+] Read More [-] Read Less
DocketDEMAND FOR JURY[+] Read More [-] Read Less
DocketAnswer; Filed by SERGEY KRASNOV (Defendant)[+] Read More [-] Read Less
DocketANSWER TO COMPLAINT[+] Read More [-] Read Less
DocketCIVIL DEPOSIT[+] Read More [-] Read Less
DocketComplaint; Filed by MANIK MANUKYAN (Plaintiff)[+] Read More [-] Read Less
DocketSUMMONS[+] Read More [-] Read Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)[+] Read More [-] Read Less
Case Number: ****4509 Hearing Date: January 10, 2020 Dept: 5
SERGEY KRASNOV, et al.,
Case No.: ****4509
Hearing Date: January 10, 2020
[TENTATIVE] order RE:
plaintiff’s motion to set aside dismissal
On November 22, 2017, Plaintiff Manik Manukyan (“Plaintiff”) filed this action following a motor vehicle collision against Defendant Sergey Krasnov (“Defendant”). There were no appearances for trial on May 21, 2019, so the Court dismissed the case. Now, Plaintiff moves to set aside the dismissal, which Defendant opposes. The motion is granted.
Code of Civil Procedure section 473(b) authorizes the Court to relieve a party from a judgment or dismissal based upon “mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc. ; 473(b).) Such an application must be made “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.)
Plaintiff relies on counsel’s declaration, which states that the parties stipulated to a trial continuance, and counsel forwarded the stipulation to her legal assistant for filing and service. (Galadzhyan Decl., ¶¶ 4-9.) However, the legal assistant filed the stipulation in the wrong case. (Id., ¶ 18.) This is sufficient to satisfy the standard.
Defendant argues that the motion was untimely because the order was issued on May 21, 2019, and the motion was filed on November 20, 2019. The Court disagrees. The plain language of the statute affords “six months.” The order was issued on May 21, 2019, and the motion was filed one day before the six month anniversary. When the plain language is clear, the Court need not look beyond that language. Nevertheless, the Court’s review of relevant authorities and the legislative intent supports the Court’s view that this motion is timely. In Gonzales v. County of Los Angeles (1988) 199 Cal.App.3d 601, 603 the Second District “six months” to mean six calendar months, or 182 days, whichever is longer. (Gonzales, supra, 199 Cal.App.3d at 603.) Although Gonzales considered the meaning of the term “six months” relating to a government tort claim, it provides guidance in this case. Moreover, the Court is required to interpret statutes in a manner to facilitate cases being decided on the merits. Therefore, the motion is timely.
CONCLUSION AND ORDER
Plaintiff’s motion to vacate the Court’s dismissal is granted pursuant to Code of Civil Procedure section 473(b). The Court sets the following dates:
Final Status Conference: September 16, 2020, at 10:00 a.m.
Trial: September 30, 2020, at 8:30 a.m.
The discovery and motions cut-off shall be based on the new trial date. Plaintiff shall provide notice and file proof of such before the Court.
DATED: January 10, 2020 ___________________________
Hon. Stephen I. Goorvitch
Judge of the Superior Court
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