This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 04:03:57 (UTC).

MICHAEL MORITZ VS ELIZABETH BARRETT OAKLEY

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2844

  • Filing Date:

    11/09/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

MORITZ MICHAEL

Defendants and Respondents

OAKLEY ELIZABETH BARRETT

DOES 1 THROUGH 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KINGSTON PAUL ESQ.

KINGSTON PAUL ALEXANDER

 

Court Documents

SUMMONS

11/9/2017: SUMMONS

COMPLAINT (BODILY INJURY AND/OR PROPERTY DAMAGE)

11/9/2017: COMPLAINT (BODILY INJURY AND/OR PROPERTY DAMAGE)

 

Docket Entries

  • 05/09/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 05/09/2019
  • Certificate of Mailing for (Minute Order (Jury Trial) of 05/09/2019); Filed by Clerk

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  • 05/09/2019
  • Order - Dismissal; Filed by Clerk

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  • 05/09/2019
  • Minute Order ( (Jury Trial)); Filed by Clerk

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  • 04/25/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 04/25/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 11/09/2017
  • COMPLAINT (BODILY INJURY AND/OR PROPERTY DAMAGE)

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  • 11/09/2017
  • SUMMONS

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  • 11/09/2017
  • Complaint; Filed by Michael Moritz (Plaintiff)

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Tentative Rulings

Case Number: BC682844    Hearing Date: December 13, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

michael moritz,

Plaintiff,

v.

elizabeth barrett oakley,

Defendant.

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