Pending - Other Pending
Personal Injury - Motor Vehicle
STEPHEN I. GOORVITCH
DOES 1 TO 20
KHAKSHOOY BOB B. ESQ.
10/27/2017: PLAINTIFF'S COMPLAINT FOR DAMAGES FOR: 1. MOTOR VEHICLE NEGLIGENCE, ETC
Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Vacated[+] Read More [-] Read Less
Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court[+] Read More [-] Read Less
DocketMinute Order ( (Final Status Conference)); Filed by Clerk[+] Read More [-] Read Less
DocketSUMMONS[+] Read More [-] Read Less
DocketPLAINTIFF'S COMPLAINT FOR DAMAGES FOR: 1. MOTOR VEHICLE NEGLIGENCE, ETC[+] Read More [-] Read Less
DocketComplaint; Filed by STEVEN MACIAS (Plaintiff)[+] Read More [-] Read Less
Case Number: ****1462 Hearing Date: February 22, 2021 Dept: 32
PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at firstname.lastname@example.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.
February 22, 2021
Motion to Set Aside Dismissal
Plaintiff Steven Macias
Plaintiff Steven Macias (“Plaintiff”) moves to set aside the Court’s order of February 11 11, 2020, in which the Court dismissed Plaintiff’s complaint for failure to appear at the order to show cause why the Court should not dismiss Plaintiff’s complaint for failure to serve.
Per Code of Civil Procedure section 473, subdivision (b), a 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.” In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorney’s sworn affidavit attesting to the attorney’s mistake, inadvertence, surprise or neglect “unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise or neglect.” (Code Civ. Proc., ; 473, subd. (b).) 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.)
Plaintiff advances a declaration from his counsel, Bob Khakshooy (“Counsel”). Counsel states that he failed to appear at the hearing due to a calendaring error. Counsel’s declaration shows that the Court’s dismissal of this matter was the result of Counsel’s inadvertence.
CONCLUSION AND ORDER
Therefore, the Court grants Plaintiff’s motion to set aside the dismissal of February 11, 2020.
In addition, the Court notes that Plaintiff filed the complaint in this action on October 27, 2017. Plaintiff should have filed proofs of service of the summons on all Defendants by December 26, 2017. (Cal. Rules of Court, rule 3.110(b).) However, Plaintiff has yet to file a proof of service of the summons on any Defendant. Consequently, the Court sets an order to show cause why the action should not be dismissed under Code of Civil Procedure sections 583.210 and 583.250 for failure to serve the summons and complaint within 3 years after the action commenced, or in the alterative, a Trial Setting Conference, for (DATE).__________________________________.
Plaintiff shall give notice of the Court’s orders and file proof of service of such.
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