****6729
09/20/2017
Pending - Other Pending
Personal Injury - Motor Vehicle
Los Angeles, California
GEORGINA T. RIZK
EVINS STEPHANIE JEANETTE
RIVERA INGRID CORTEZ
9/20/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
9/20/2017: SUMMONS
5/24/2019: Unknown
5/24/2019: Minute Order
3/15/2019: Proof of Service by Substituted Service
3/6/2019: Minute Order
Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held - Continued
[-] Read LessDocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service)); Filed by Clerk
[-] Read LessDocketCertificate of Mailing for (Minute Order (Order to Show Cause Re: Failure to File Proof of Service) of 05/24/2019); Filed by Clerk
[-] Read LessDocketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Advanced and Vacated
[-] Read LessDocketProof of Service by Substituted Service; Filed by STEPHANIE JEANETTE EVINS (Plaintiff)
[-] Read LessDocketat 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Held
[-] Read LessDocketMinute Order ( (Final Status Conference)); Filed by Clerk
[-] Read LessDocketSUMMONS
[-] Read LessDocketComplaint; Filed by STEPHANIE JEANETTE EVINS (Plaintiff)
[-] Read LessDocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
[-] Read LessCase Number: ****6729 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.