On 05/24/2018 a Personal Injury - Other Personal Injury case was filed by MARIA HERNANDEZ against CITY OF LONG BEACH 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
KRISTIN S. ESCALANTE
HELEN A. KHARRAT & HABIB A. KHARRAT
LOS ANGELES COUNTY OF
LONG BEACH CITY OF
DOES 1 TO 100
GEOULLA DANIEL D. ESQ.
GEOULLA DANIEL DANNY ESQ.
11/26/2019: Minute Order - MINUTE ORDER (JURY TRIAL)
11/26/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 11/26/2019
11/26/2019: Order - Dismissal
11/7/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
5/24/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -
5/24/2018: ORDER ON COURT FEE WAIVER -
5/24/2018: SUMMONS -
Docketat 08:30 AM in Department 2, Kristin S. Escalante, Presiding; Jury Trial - HeldRead MoreRead Less
DocketCertificate of Mailing for ((Jury Trial) of 11/26/2019); 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 2, Kristin S. Escalante, Presiding; Final Status Conference - HeldRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketRequest to Waive Court FeesRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketORDER ON COURT FEE WAIVERRead MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketComplaint; Filed by Maria Hernandez (Plaintiff)Read MoreRead Less
DocketRequest-Waive Court FeesRead MoreRead Less
Case Number: BC707432 Hearing Date: February 25, 2020 Dept: 29
Hernandez v. City of Long Beach, et al.
Motion to Set Aside/ Vacate Dismissal and to Reinstate the Action is GRANTED. Code Civ. Proc. § 473(b).
This action was filed on 5/24/2018. There is no proof of service of the summons and complaint in the court file, and no defendant has appeared.
At the time the action was filed, the trial was set for 11/26/2019. Plaintiff failed to appear at trial and the court dismissed the action pursuant to section 581(b)(3) of the Code of Civil Procedure. Plaintiff now seeks to set aside the dismissal under Code of Civil Procedure section 473(b), claiming mistake of counsel.
The application is timely made and is adequately supported by counsel’s declaration attesting that his office inadvertently marked the action as settled in its case management system. The court thus sets aside the dismissal.
Plaintiff is ordered to serve the summons and complaint forthwith and to comply with the applicable rules regarding filing proof of service.
The court sets the following dates:
OSC re dismissal for delay in prosecution under Code of Civil Procedure § 583.420(a)(1): 6/30/2020 at 8:30 a.m. in Dept. 29 of the Spring Street Courthouse.
Final Status Conference: September 10, 2020 at 10:00 a.m. in Dept. 29 of the spring Street Courthouse.
Trial: September 24, 2020 at 8:30 a.m. in Dept. 29 of the Spring Street Courthouse.
The Moving Party is ordered to give notice.