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.
Stanley Mosk Courthouse
Los Angeles, California
ALFARO SONIA C.
DOES 1 TO 100
10/30/2018: Request for Dismissal
1/9/2019: Notice of Deposit - Jury
6/10/2019: Motion to Reclassify
6/27/2019: Stipulation - No Order
6/11/2018: Other -
1/31/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Stipulation - No Order (Stipulation to Reclassify); Filed by Rita Santillan (Defendant)Read MoreRead Less
Motion to Reclassify; Filed by Rita Santillan (Defendant)Read MoreRead Less
Notice of Deposit - Jury; Filed by Rita Santillan (Defendant)Read MoreRead Less
Request for Dismissal; Filed by Sonia C. Alfaro (Plaintiff)Read MoreRead Less
AnswerRead MoreRead Less
Demand for Jury Trial; Filed by Rita Santillan (Defendant)Read MoreRead Less
Answer; Filed by Rita Santillan (Defendant)Read MoreRead Less
Demand for Jury TrialRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Complaint; Filed by Sonia C. Alfaro (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
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.