On 01/25/2018 a Personal Injury - Other Personal Injury case was filed by TAK CHEUNG against M PEMECKY MANAGEMENT CORPORATION in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
****1576
01/25/2018
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHEUNG TAK
M. PEMECKY MANAGEMENT CORPORATION
DOES 1 TO 25
1/25/2018: SUMMONS
1/25/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
SUMMONS
Complaint; Filed by Tak Cheung (Plaintiff)
Case Number: BC691576 Hearing Date: February 04, 2020 Dept: 32
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tak cheung, Plaintiff, v.
M pemecky management corporation,
Defendant. |
Case No.: BC691576
Hearing Date: February 4, 2020
[TENTATIVE] order RE: plaintiff’s motion to set aside dismissal |
Plaintiff Tak Cheung (“Plaintiff”) moves to set aside the Court’s order of July 25, 2019, in which the Court dismissed this action for failure to appear at trial. 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.” 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.” (Ibid.) “[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.)
Here, Plaintiff has advanced a declaration from counsel, Sepideh Hersel (“Counsel”). Counsel states that she mistakenly failed to calendar the final status conference and trial dates for this case, and therefore Counsel failed to appear at the final status conference or trial. The Court concludes that its order of July 25, 2019 was the result of Counsel’s inadvertence, and grants the motion to set aside the dismissal.
CONCLUSION AND ORDER
Plaintiff’s motion to vacate the dismissal is granted. The Court sets the following dates:
Final Status Conference: February 10, 2021, at 10:00 a.m.
Trial: February 24, 2021, at 8:30 a.m.
The discovery and motions cut-off shall be based on the new trial date.
Plaintiff’s counsel represents that her client passed away on May 19, 2019. The Court sets an OSC re: Amendment of Complaint per Code of Civil Procedure section 377.31 for April 10, 2020, at 8:30 a.m. Plaintiff shall provide notice and file proof of such with the Court.
DATED: February 4, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court