This case was last updated from Los Angeles County Superior Courts on 07/06/2019 at 01:38:01 (UTC).

SONIA C ALFARO ET AL VS RITA SANTILLAN

Case Summary

On 01/31/2018 a Personal Injury - Motor Vehicle case was filed by SONIA C ALFARO against RITA SANTILLAN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2154

  • Filing Date:

    01/31/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioner and Plaintiff

ALFARO SONIA C.

Respondents and Defendants

SANTILLAN RITA

DOES 1 TO 100

 

Court Documents

Request for Dismissal

10/30/2018: Request for Dismissal

Notice of Deposit - Jury

1/9/2019: Notice of Deposit - Jury

Motion to Reclassify

6/10/2019: Motion to Reclassify

Stipulation - No Order

6/27/2019: Stipulation - No Order

Answer

6/11/2018: Answer

Other -

6/11/2018: Other -

SUMMONS

1/31/2018: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

1/31/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

 

Docket Entries

  • 06/27/2019
  • Stipulation - No Order (Stipulation to Reclassify); Filed by Rita Santillan (Defendant)

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  • 06/10/2019
  • Motion to Reclassify; Filed by Rita Santillan (Defendant)

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  • 01/09/2019
  • Notice of Deposit - Jury; Filed by Rita Santillan (Defendant)

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  • 10/30/2018
  • Request for Dismissal; Filed by Sonia C. Alfaro (Plaintiff)

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  • 06/11/2018
  • Answer

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  • 06/11/2018
  • Demand for Jury Trial; Filed by Rita Santillan (Defendant)

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  • 06/11/2018
  • Answer; Filed by Rita Santillan (Defendant)

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  • 06/11/2018
  • Demand for Jury Trial

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  • 01/31/2018
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 01/31/2018
  • Complaint; Filed by Sonia C. Alfaro (Plaintiff)

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  • 01/31/2018
  • SUMMONS

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Tentative Rulings

Case Number: BC692154    Hearing Date: February 25, 2020    Dept: 29

Alfaro et al v. Rita Santillan

Plaintiff Adela Siacouli’s Motion to Vacate Dismissal, filed on 01/21/20, is GRANTED.

The complaint was filed on 1/31/2018 and the trial was set for 7/31/2019. On 6/27/2019, a stipulation to reclassify was filed but no order was included. On 7/31/2019, before any action had been taken on the stipulation, the case was called for the jury trial, but the parties failed to appear. In light of plaintiff’s failure to appear at trial, the court dismissed the action pursuant to section 581(b)(c) of the Code of Civil Procedure. Plaintiff now moves to set aside the dismissal pursuant to Code of Civil Procedure section 473(b).

Section 473(b) provides in part: “The court may, upon any terms as may be just, relieve a party . . . from a dismissal . . . 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 . . . dismissal . . . .”

Here, the motion is timely, and Plaintiff’s counsel has provided a declaration attesting to his mistake, inadvertence, surprise, or neglect resulting in the dismissal. Counsel states that he believed the case was transferred to limited jurisdiction, and as such did not attend the FSC or trial. (Halpern Decl., ¶ 3.) This is sufficient for the Court to find that the dismissal was entered based on counsel’s mistake, inadvertence, surprise, or neglect.

Based on the foregoing, the motion is GRANTED. The dismissal is set aside only as to Plaintiff Adela Siacouli’s claims.

The Court reset the Final Status Conference for 06/23/2020 at 10:00 a.m. in Dept. 29.  Trial is reset for 07/07/2020 at 8:30 a.m. in Dept. 29.

The Moving Party is ordered to give notice.