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.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
GARCIA SARA CHANEL
DOES 1 TO 25
3/28/2019: Minute Order
4/12/2019: Minute Order
4/12/2019: Order - Dismissal
10/12/2017: COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by CourtRead MoreRead Less
Order - Dismissal; Filed by ClerkRead MoreRead Less
Certificate of Mailing for (Minute Order (Jury Trial) of 04/12/2019); Filed by ClerkRead MoreRead Less
Minute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
Minute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
Complaint; Filed by SARA CHANEL GARCIA (Plaintiff)Read MoreRead Less
COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETCRead MoreRead Less
SUMMONSRead MoreRead Less
Case Number: BC679348 Hearing Date: November 07, 2019 Dept: 5
sara chanel garcia,
Case No.: BC679348
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