On 03/13/2018 a Personal Injury - Other Personal Injury case was filed by REGETTA VARDADO against ALLERGAN PHARMECEUTICALS INC 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
LAURA A. SEIGLE
ALLERGAN PHARMACEUTICALS INC.
9/13/2019: Minute Order
9/13/2019: Order - Dismissal
8/27/2019: Minute Order
8/7/2019: Request for Entry of Default / Judgment
8/7/2019: Proof of Service by Mail
8/14/2019: Notice of Rejection Default/Clerk's Judgment
6/20/2019: Notice of Change of Address or Other Contact Information
3/13/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
3/13/2018: ORDER ON COURT FEE WAIVER
Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - HeldRead MoreRead Less
DocketMinute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
DocketOrder - Dismissal; Filed by ClerkRead MoreRead Less
Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketNotice of Rejection Default/Clerk's Judgment; Filed by ClerkRead MoreRead Less
DocketRequest for Entry of Default / Judgment; Filed by Regetta Varnado (Plaintiff)Read MoreRead Less
DocketProof of Service by Mail; Filed by Regetta Varnado (Plaintiff)Read MoreRead Less
DocketNotice of Change of Address or Other Contact Information; Filed by Regetta Varnado (Plaintiff)Read MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketRequest-Waive Court FeesRead MoreRead Less
DocketRequest to Waive Court FeesRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketRequest to Waive Court Fees; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketComplaint; Filed by Regetta Varnado (Plaintiff)Read MoreRead Less
DocketORDER ON COURT FEE WAIVERRead MoreRead Less
Case Number: BC697887 Hearing Date: December 18, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On March 13, 2018, plaintiff Regetta Vardado, appearing pro per, filed this action against defendants Allergan Pharmaceuticals, Inc. for products liability. On September 13, 2019, this Court dismissed the action because Plaintiff did not appear for trial. Plaintiff now seeks to vacate the dismissal pursuant to Civil Procedure Code section 473(b) on grounds of her mistake. Plaintiff states she neglected to read all of the papers when the clerk gave them to her and did not know that a trial date had already been set because she was preoccupied with trying to serve the Defendant with default papers.
The court has broad discretion to vacate the entry of default, default judgment, or a dismissal where the moving party timely establishes a proper ground for relief. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure, section 473, subdivision (b) contains two distinct provisions for relief from default. The first provision is discretionary and broad in scope, providing: “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).)
This Motion to set aside dismissal was timely filed within six months of dismissal and the Court finds dismissal was due to Plaintiff’s excusable neglect. The Motion to set aside the September 13, 2019 dismissal is GRANTED and the action is reinstated. An Order to Show Cause regarding Proof of Service of Summons is set for February 21, 2020 in Department 4B at 8:30 a.m. Plaintiff is file a proof of service of summons and complaint showing valid service on Defendant. If Plaintiff does not attend the hearing on February 21, 2020, the Court may dismiss the case. Final Status Conference is set for June 12, 2020 at 10:00 a.m. in Department 4B. Trial is set for June 26, 2020 at 8:30 a.m. in Department 4B.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.