This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 03:43:10 (UTC).

PAUL JAMES TODD VS CARLOS ANTONIO CAPISTRAN ET AL

Case Summary

On 11/02/2017 PAUL JAMES TODD filed a Personal Injury - Motor Vehicle lawsuit against CARLOS ANTONIO CAPISTRAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2281

  • Filing Date:

    11/02/2017

  • 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

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

TODD PAUL JAMES

Defendants and Respondents

BONILLA JOSE

CAPISTRAN CARLOS ANTONIO

DOES 1 TO 50 INCLUSIVE

CERVANTES HECTOR

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

HANASSAB FRED F. ESQ.

HANASSAB FARIBORZ FRED

 

Court Documents

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

12/6/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL - EX PARTE

12/6/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL - EX PARTE

Amended Complaint

11/8/2017: Amended Complaint

CoverSheet

11/2/2017: CoverSheet

Summons

11/2/2017: Summons

Complaint

11/2/2017: Complaint

 

Docket Entries

  • 05/02/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Held

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  • 05/02/2019
  • Certificate of Mailing for (Minute Order (Jury Trial) of 05/02/2019); Filed by Clerk

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  • 05/02/2019
  • Order - Dismissal; Filed by Clerk

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  • 05/02/2019
  • Minute Order ( (Jury Trial)); Filed by Clerk

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  • 04/18/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 04/18/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 12/06/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 12/06/2017
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 12/06/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL - EX PARTE

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  • 11/08/2017
  • Amended Complaint; Filed by Paul James Todd (Plaintiff)

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  • 11/08/2017
  • Summons; Filed by Paul James Todd (Plaintiff)

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  • 11/08/2017
  • Defendant's Claim and Order to Go to Small Claims Court (Small Claims) and Summons on First Amended Complaint

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  • 11/02/2017
  • Complaint

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  • 11/02/2017
  • Summons; Filed by Paul James Todd (Plaintiff)

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  • 11/02/2017
  • Complaint; Filed by Paul James Todd (Plaintiff)

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Tentative Rulings

Case Number: BC682281    Hearing Date: December 12, 2019    Dept: 4A

Motion to Set Aside Dismissal

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On November 2, 2017, Plaintiff Paul James Todd (“Plaintiff”) filed a complaint against Defendants Carlos Antonio Capistran and Jose Bonilla (“Defendants”) alleging motor vehicle and general negligence for an automobile collision that occurred on November 9, 2015.

On May 2, 2019, the Court dismissed the complaint without prejudice because no one appeared for trial or communicated with the Court as to why there were no appearances made at trial.

On November 4, 2019, Plaintiff filed a motion to set aside the May 2, 2019 dismissal pursuant to California Code of Civil Procedure section 473, subdivision (b).

PARTYS REQUEST

Plaintiff asks the Court to set aside the May 2, 2019 dismissal on the grounds that Plaintiff’s counsel failed to calendar the trial date.

LEGAL STANDARD

California Code of Civil Procedure section 473, subdivision (b) states: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a[n] . . . other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.  Application for this relief . . . shall be made within a reasonable time, in no case exceeding six months, after the . . . other proceeding was taken. . . . more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. . . .”

Relief is mandatory when an attorney files the required affidavit, even if the attorney's neglect was inexcusable.  (Carmel, Ltd. v. Tavoussi (2009) 175 Cal.App.4th 393, 401 (setting aside a default entered when the attorney failed to file an answer).)  No reason need be given for the existence of one of these circumstances and attestation that one of these reasons existed is sufficient to obtain relief, unless the trial court finds that the dismissal did not occur because of these reasons.  (Graham v. Beers (1994) 30 Cal.App.4th 1656, 1660.)

“The court shall, whenever relief is granted based on attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.”  (Code Civ. Proc. § 473, subd. (b).)

DISCUSSION

The Court finds this motion is timely.  November 2, 2019 is was a Saturday, making November 4, 2019 the deadline to file this motion.

However, Plaintiff has not filed a proof of service of the motion on Defendants.  The Court cannot ascertain whether Defendants have notice of this motion, since they failed to file any oppositionIt is in the interest of justice to continue the hearing on this motion to enable Defendants to oppose the motion.

Plaintiff’s motion is CONTINUED to January 21, 2019 at 1:30 p.m. in Department 4A at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

Plaintiff is ordered to serve by the moving papers on Defendants by December 26, 2019, if by personal service, or by December 20, 20119, if by mail, pursuant to California Code of Civil Procedure section 1005, subdivision (b).

Defendants may file opposing papers and Plaintiff may file replying papers pursuant to California Code of Civil Procedure section 1005, subdivision (b) based on the new January 21, 2019 hearing date.

Plaintiff is ordered to give notice of this ruling.