Pending - Other Pending
Personal Injury - Other Personal Injury
CENTURY CITY MALL LLC
WESTFIELD AMERICA INC
WESTFIELD PROPERTY MANAGEMENT LLC
DOES 1 TO 25
12/29/2017: COMPLAINT FOR DAMAGES 1. NEGLIGENCE (PREMISES LIABILITY)
DocketComplaint; Filed by MORISA KAPLAN (Plaintiff)[+] Read More [-] Read Less
DocketSUMMONS[+] Read More [-] Read Less
DocketCOMPLAINT FOR DAMAGES 1. NEGLIGENCE (PREMISES LIABILITY)[+] Read More [-] Read Less
Case Number: ****8616 Hearing Date: January 31, 2020 Dept: 27
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On December 29, 2017, plaintiff Morisa Kaplan filed this action against defendant Century City Mall LLC for premises liability relating to a December 30, 2015 slip and fall. On July 1, 2019, Plaintiff failed to appear at the scheduled trial, and the Court dismissed the case. Plaintiff now seeks to set aside the July 1, 2019 dismissal under Code of Civil Procedure section 473, subdivision (b) on grounds that she did not know that the Court had set a trial date.
“The court may, upon any terms as may be just, 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.” (Code Civ. Proc., ; 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Ibid.) Plaintiff filed this motion within six months of dismissal and Defendants do not oppose it.
Accordingly, the motion is GRANTED and the action is reinstated. Trial is set for September 3, 2020 at 8:30 a.m. in Department 27 and the final status conference is set for August 20, 2020 at 10 a.m. in Department 27.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.
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