On 05/31/2018 a Personal Injury - Motor Vehicle case was filed by MYRNA FERMAN against BARBARA PENCE 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
STEPHEN I. GOORVITCH
SARUKHANYAN RAFFI ESQ.
12/3/2019: Minute Order - MINUTE ORDER (JURY TRIAL)
12/3/2019: Order - Dismissal
12/3/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (JURY TRIAL) OF 12/03/2019
11/15/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
5/31/2018: SUMMONS -
5/31/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -
Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by CourtRead MoreRead Less
DocketCertificate of Mailing for ((Jury Trial) of 12/03/2019); 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 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketComplaint; Filed by Myrna Ferman (Plaintiff); Sarah Ferman (Plaintiff)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
Case Number: BC708431 Hearing Date: January 24, 2020 Dept: 32
myrna ferman, et al.,
barbara pence, et al.,
Case No.: BC708431
Hearing Date: January 24, 2020
[TENTATIVE] order RE:
plaintiffs’ motion to set aside dismissal
Plaintiffs Myrna Ferman and Sarah Ferman (“Plaintiffs”) move to set aside the Court’s order of December 3, 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, Plaintiffs have advanced a declaration from their counsel, Raffi Sarukhanyan (“Counsel”). Counsel states that his office mistakenly categorized this case as an inactive case, and therefore Counsel failed to appear at the final status conference or trial. The Court concludes that its order of December 3, 2019 was the result of Counsel’s inadvertence, and grants the motion to set aside the dismissal.
CONCLUSION AND ORDER
The Court grants Plaintiffs’ motion to set aside the dismissal of this action. The Court sets the following dates:
Final Status Conference: June 1, 2021, at 10:00 a.m.
Trial: June 16, 2021, at 8:30 a.m.
The discovery and motions cut-off shall be based on the new trial date. Notice is not required.
DATED: January 24, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court