On 05/09/2018 a Personal Injury - Motor Vehicle case was filed by MARCO AGUIRRE against KAREN REICH in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
PANAH D. HESS
YAZDANPANAH HESAM DEAN
11/12/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 11/12/2019
11/12/2019: Minute Order - MINUTE ORDER (JURY TRIAL)
11/12/2019: Order - Dismissal
10/23/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
5/9/2018: SUMMONS -
5/9/2018: COMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE ;ETC
Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - HeldRead MoreRead Less
DocketCertificate of Mailing for ((Jury Trial) of 11/12/2019); 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 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketCOMPLAINT FOR DAMAGES FOR: 1. VEHICULAR NEGLIGENCE ;ETCRead MoreRead Less
DocketComplaint; Filed by Marco Aguirre (Plaintiff)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
Case Number: BC705693 Hearing Date: December 17, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
KAREN REICH, et al.,
Case No.: BC705693
[TENTATIVE] ORDER GRANTING MOTION TO VACATE DISMISSAL
December 17, 2019
Plaintiff, Marco Aguirre filed this action against Defendant, Karen Reich for damages arising out of an automobile accident. Plaintiff filed the complaint on 5/09/18. Plaintiff has not, to date, filed proof of service of the summons and complaint on Defendant. Plaintiff failed to appear at the 10/23/19 FSC or the 11/12/19 trial. On 11/12/19, 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 trial was a result of his excusable neglect. The motion is granted. CCP §473(b).
Despite the fact that relief is mandatory and the motion is granted, the Court wishes to point out two inaccuracies in the motion. First, Plaintiff’s attorney declares he has been diligent in prosecuting the case. This is patently incorrect, as he filed the lawsuit over a year and a half ago, and has not yet filed proof of service of the summons and complaint. Second, Plaintiff’s attorney declares the case is “ready to proceed to trial.” It is hard to imagine how a case would be ready to proceed to trial if the summons and complaint have not even been served. The Court asks Counsel to ensure factual accuracy in the future in connection with this and other actions.
The Court sets an OSC re: dismissal for failure to file proof of service/prosecute this matter, FSC for 5/11/20 at 10 a.m., and trial for 5/27/20 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 email@example.com 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.