This case was last updated from Los Angeles County Superior Courts on 06/02/2019 at 03:49:18 (UTC).

SARA CHANEL GARCIA VS FELIPE CASTILLO

Case Summary

On 10/12/2017 SARA CHANEL GARCIA filed a Personal Injury - Motor Vehicle lawsuit against FELIPE CASTILLO. 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:

    ****9348

  • Filing Date:

    10/12/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff

GARCIA SARA CHANEL

Defendants and Respondents

DOES 1 TO 25

CASTILLO FELIPE

 

Court Documents

COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

10/12/2017: COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

SUMMONS

10/12/2017: SUMMONS

Order - Dismissal

4/12/2019: Order - Dismissal

Minute Order

4/12/2019: Minute Order

Unknown

4/12/2019: Unknown

Minute Order

3/28/2019: Minute Order

 

Docket Entries

  • 04/12/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 04/12/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 04/12/2019
  • DocketCertificate of Mailing for (Minute Order (Jury Trial) of 04/12/2019); Filed by Clerk

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  • 04/12/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 03/28/2019
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 03/28/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 10/12/2017
  • DocketComplaint; Filed by SARA CHANEL GARCIA (Plaintiff)

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  • 10/12/2017
  • DocketCOMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

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  • 10/12/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****9348    Hearing Date: November 07, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

sara chanel garcia,

Plaintiff,

v.

felipe castillo,

Defendant.

Case No.: ****9348

Hearing Date: November 7, 2019

[TENTATIVE] order RE:

plaintiff’s motion to set aside dismissal

Plaintiff Sara Chanel Garcia (“Plaintiff”) moves to set aside the Court’s order of April 12, 2019, in which the Court dismissed this action for failure to appear at trial. The 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.” (Code Civ. Proc. ; 473, subd. (b).) “[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.)

The Court dismissed Plaintiff’s complaint on April 12, 2019. Christopher Gaddini states that his firm was representing Plaintiff. (Declaration of Christopher Gaddini, ¶¶ 4.) Gaddini states that the handling attorney left the firm, and due to a mistake, the final status conference and trial dates were not inputted into his firm’s calendaring system. (Id., ¶¶ 6-8.) This constitutes good cause, and Defendant does not oppose the motion. Therefore, the Court grants the motion, though the Court admonishes Plaintiff’s counsel to file a notice of substitution of counsel upon retention in the future.

CONCLUSION AND ORDER

The motion to set aside default is granted. The Court sets the following dates:

Final Status Conference: October 13, 2020, at 10:00 a.m.

Trial: October 28, 2020, at 8:30 a.m.

The discovery and motions cut-off shall be based on the new trial date. Plaintiff shall provide notice and file proof of such with the Court.

DATED: November 7, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court