This case was last updated from Los Angeles County Superior Courts on 06/04/2019 at 07:42:58 (UTC).

MATTHEW VIDALES VS CITY OF LOS ANGELS ET AL

Case Summary

On 02/01/2017 MATTHEW VIDALES filed a Personal Injury - Other Personal Injury lawsuit against CITY OF LOS ANGELS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9140

  • Filing Date:

    02/01/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

VIDALES MATTHEW

Defendants and Respondents

SOTOMAYO RODOLFO

LOS ANGELES CITY OF

LOS ANGELES COUNT METRO TRANSPORTATION

LOS ANGELES COUNTY OF

DOES 1 TO 100

SOUTH PASADENA CITY OF

LOS ANGELES COUNTY METRO TRANSPORTATION

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KOTTLER DOUGLAS E. ESQ.

KOTTLER DOUGLAS EVAN

PUCHE SERGIO JULIAN

Defendant Attorneys

D'ORO FRANK J. ESQ.

GALLAGHER KRICH APC

LEVY NAZILA Y. ESQ.

FEUER MICHAEL N. CITY ATTORNEY

 

Court Documents

CROSS-DEFENDANT RODOLFO SOTOMAYOR?S ANSWER AND GENERAL DENIAL TO DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY?S CROSS-COMPLAINT COMPLAINT IC.C.P. ? 431.30(D)J

12/13/2017: CROSS-DEFENDANT RODOLFO SOTOMAYOR?S ANSWER AND GENERAL DENIAL TO DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY?S CROSS-COMPLAINT COMPLAINT IC.C.P. ? 431.30(D)J

Unknown

1/10/2018: Unknown

Unknown

1/18/2018: Unknown

REQUEST FOR REFUND

1/22/2018: REQUEST FOR REFUND

Request for Dismissal

10/10/2018: Request for Dismissal

Unknown

4/10/2019: Unknown

Minute Order

4/10/2019: Minute Order

Minute Order

5/1/2019: Minute Order

Notice of Ruling

5/7/2019: Notice of Ruling

PROOF OF SERVICE SUMMONS

3/21/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

3/21/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

3/21/2017: PROOF OF SERVICE SUMMONS

REQUEST FOR DISMISSAL

3/23/2017: REQUEST FOR DISMISSAL

ANSWER OF CITY OF SOUTH PASADENA TO COMPLAINT; DEMAND FOR JURY TRIAL

3/30/2017: ANSWER OF CITY OF SOUTH PASADENA TO COMPLAINT; DEMAND FOR JURY TRIAL

ANSWER OF THE DEFENDANT CITY OF LOS ANGELES TO PLAFNTIFF'S COMPLAINT

4/3/2017: ANSWER OF THE DEFENDANT CITY OF LOS ANGELES TO PLAFNTIFF'S COMPLAINT

CROSS-COMPLAINT FOR (1) IMPLIED INDEMNITY (2) CONTRIBUTION (3) DECLARATORY RELIEF

4/19/2017: CROSS-COMPLAINT FOR (1) IMPLIED INDEMNITY (2) CONTRIBUTION (3) DECLARATORY RELIEF

REQUEST FOR DISMISSAL

9/19/2017: REQUEST FOR DISMISSAL

REQUEST FOR DISMISSAL

10/20/2017: REQUEST FOR DISMISSAL

25 More Documents Available

 

Docket Entries

  • 05/14/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 05/07/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 05/07/2019
  • Notice of Ruling; Filed by Los Angeles, City of (Defendant)

    Read MoreRead Less
  • 05/03/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Court's Motion

    Read MoreRead Less
  • 05/01/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Ex Parte Application (for order continuing final status conference, trial and all discovery and motion cut-off dates) - Held - Motion Granted

    Read MoreRead Less
  • 05/01/2019
  • Ex Parte Application (EX PARTE APPLICATION FOR ORDER CONTINUING FSC & TRIAL); Filed by Los Angeles, City of (Defendant)

    Read MoreRead Less
  • 05/01/2019
  • Minute Order ( (Hearing on Ex Parte Application for order continuing final st...)); Filed by Clerk

    Read MoreRead Less
  • 04/19/2019
  • Notice of Ruling; Filed by Matthew Vidales (Plaintiff)

    Read MoreRead Less
  • 04/10/2019
  • at 2:43 PM in Department 5, Stephen I. Goorvitch, Presiding; Court Order

    Read MoreRead Less
  • 04/10/2019
  • Certificate of Mailing for (Minute Order (Court Order) of 04/10/2019); Filed by Clerk

    Read MoreRead Less
63 More Docket Entries
  • 03/21/2017
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 03/21/2017
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 03/21/2017
  • Proof-Service/Summons; Filed by Matthew Vidales (Plaintiff)

    Read MoreRead Less
  • 03/16/2017
  • Proof-Service/Summons; Filed by Matthew Vidales (Plaintiff)

    Read MoreRead Less
  • 03/16/2017
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 03/16/2017
  • Proof-Service/Summons; Filed by Matthew Vidales (Plaintiff)

    Read MoreRead Less
  • 03/16/2017
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 02/01/2017
  • SUMMONS

    Read MoreRead Less
  • 02/01/2017
  • Complaint; Filed by Matthew Vidales (Plaintiff)

    Read MoreRead Less
  • 02/01/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less

Tentative Rulings

Case Number: BC649140    Hearing Date: April 15, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org 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. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

April 15, 2021

CASE NUMBER

BC649140

MOTION

Motion to Set Aside Dismissal

MOVING PARTY

Plaintiff Matthew Vidales

OPPOSING PARTY

None

MOTION

Plaintiff Matthew Vidales (“Plaintiff”) moves to set aside the Court’s order of October 30, 2020, in which the Court dismissed Plaintiff’s complaint for failure to appear at the trial setting conference. Defendant City of Los Angeles has not filed an opposition to the motion.

ANALYSIS

Per Code of Civil Procedure section 473, subdivision (b), a court may “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.” In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorney’s sworn affidavit attesting to the attorney’s mistake, inadvertence, surprise or neglect “unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise or neglect.” (Code Civ. Proc., § 473, subd. (b).) The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).)

Plaintiff advances the declaration of his counsel, Sergio J. Puche (“Counsel”). Counsel states that he failed to appear for the trial setting conference because he could not register for Court Connect in time to attend the hearing. (See Declaration of Sergio J. Puche.) The Court therefore concludes that its dismissal of Plaintiff’s complaint was the result of Counsel’s mistake.

CONCLUSION AND ORDER

Accordingly, the Court grants Plaintiff’s motion for relief, and sets aside the October 30, 2020 order of dismissal. The Court also sets a Trial Setting Conference on May 20, 2021 at 8:30 AM in Department 32.

Plaintiff is to give notice of this order to all parties, and file a proof of service of such.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where SOUTH PASADENA CITY OF is a litigant

Latest cases represented by Lawyer KOTTLER DOUGLAS E. ESQ.