On 09/20/2017 STEPHANIE JEANNETTE EVINS filed a Personal Injury - Motor Vehicle lawsuit against INGRID CORTEZ RIVERA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
EVINS STEPHANIE JEANETTE
DOES 1 TO 20
INGRID CORTEZ RIVERA
RIVERA INGRID CORTEZ
BASH STEVEN. ESQ.
3/6/2019: Minute Order
3/15/2019: Proof of Service by Substituted Service
5/24/2019: Minute Order
9/20/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held - ContinuedRead MoreRead Less
Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service)); Filed by ClerkRead MoreRead Less
Certificate of Mailing for (Minute Order (Order to Show Cause Re: Failure to File Proof of Service) of 05/24/2019); Filed by ClerkRead MoreRead Less
at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
Proof of Service by Substituted Service; Filed by STEPHANIE JEANETTE EVINS (Plaintiff)Read MoreRead Less
at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - HeldRead MoreRead Less
Minute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
SUMMONSRead MoreRead Less
Complaint; Filed by STEPHANIE JEANETTE EVINS (Plaintiff)Read MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Case Number: BC676729 Hearing Date: March 11, 2020 Dept: 29
Evins v. Cortez Rivera
Plaintiff’s Motion to Set Aside Dismissal of Plaintiff’s Complaint is GRANTED. The dismissal entered on 8/27/19 is vacated. The Court’s order dismissing the action on 8/6/19 is VACATED.
A motion for order to vacate dismissal must be filed within six months of the dismissal and show grounds of mistake, inadvertence, surprise, and excusable neglect. Cal Code Civil Procedure § 473(b).
The motion is timely made less than six months from the date of the dismissal. Plaintiff was not served at the proper address with the Court’s Order to Show Cause re Response or Entry of Default issued on 5/24/19.
If there is no prejudice, only slight evidence is needed. Doubts are resolved in favor of the party seeking relief. Mink v. Superior Court (1992) 2 Cal.App.4th 1338. Here, Plaintiff has sufficiently established that she is entitled to relief from dismissal.
Plaintiff’s counsel is ordered to make sure that the Court file reflects the correct address.
The court sets the following dates:
OSC re Response or Entry of Default: 5/11/2020, 8:30 a.m.
Final Status Conference: 8/6/2020 at 10:00 a.m.
Trial: 8/20/2020, 8:30 a.m.
OSC re Dismissal: 9/21/2020, 8:30 a.m.
Moving party to give notice.