On 11/09/2017 MICHAEL MORITZ filed a Personal Injury - Motor Vehicle lawsuit against ELIZABETH BARRETT OAKLEY. 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 Disposed - Dismissed.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
OAKLEY ELIZABETH BARRETT
DOES 1 THROUGH 50
KINGSTON PAUL ESQ.
KINGSTON PAUL ALEXANDER
11/9/2017: COMPLAINT (BODILY INJURY AND/OR PROPERTY DAMAGE)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by CourtRead MoreRead Less
Certificate of Mailing for (Minute Order (Jury Trial) of 05/09/2019); Filed by ClerkRead MoreRead Less
Order - Dismissal; Filed by ClerkRead MoreRead Less
Minute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
Minute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
COMPLAINT (BODILY INJURY AND/OR PROPERTY DAMAGE)Read MoreRead Less
SUMMONSRead MoreRead Less
Complaint; Filed by Michael Moritz (Plaintiff)Read MoreRead Less
Case Number: BC682844 Hearing Date: December 13, 2019 Dept: 5
elizabeth barrett oakley,
Case No.: BC682844
Hearing Date: December 13, 2019
[TENTATIVE] order RE:
plaintiff’s motion to set aside dismissal
Plaintiff Michael Moritz (“Plaintiff”) moves to set aside the Court’s order of May 9, 2019, in which the Court dismissed this action for failure to appear at trial. 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.” 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.” (Ibid.) “[W]hen relief under section 473 is available, there is a strong public policy in favor of granting relief and allowing the requesting party his or her day in court.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981-982, internal quotations omitted.)
Here, Plaintiff has advanced a declaration from his counsel, Paul Kingston (“Counsel”). Counsel states that he failed to calendar the dates for the final status conference and jury trial in this matter, and as a result, did not appear. (Declaration of Paul Kingston.) The Court therefore concludes that its order of May 9, 2019 was the result of Counsel’s mistake, and grants the motion to set aside the dismissal.
CONCLUSION AND ORDER
The Court grants Plaintiff’s motion to set aside the dismissal. The Court sets the following dates:
Final Status Conference: December 18, 2020, at 10:00 a.m.
Trial: January 6, 2021, at 8:30 a.m.
The discovery and motions cut-off shall be governed by the new trial date. Plaintiff shall provide notice of the final status conference and trial dates when the summons and complaint are served.
DATED: December 13, 2019 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court