On 02/26/2018 a Personal Injury - Other Personal Injury case was filed by VALERIE TAYLOR against SPEEDY CASH in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
DOES 1 TO 25
8/26/2019: Minute Order
8/26/2019: Order - Dismissal
8/12/2019: Minute Order
2/26/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - HeldRead MoreRead Less
DocketMinute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
DocketOrder - Dismissal; Filed by ClerkRead MoreRead Less
Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketComplaint; Filed by Valerie Taylor (Plaintiff)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
Case Number: BC695948 Hearing Date: December 10, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL
On February 26, 2018, plaintiff Valerie Taylor filed this action against defendant Speedy Cash for premises liability relating to a slip and fall. Plaintiff’s counsel failed to appear at a Final Status Conference on August 12, 2019 and at trial on August 26, 2019 and the Court ordered the case dismissed on August 26, 2019. Plaintiff moves to set aside the dismissal due to attorney fault. Plaintiff’s counsel declares he failed to calendar the trial date and that settlement negotiations have been pending since the last trial continuance. This motion was filed on November 14, 2019.
“The court may, upon any terms as may be just, 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.” (Code Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Ibid.) “[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect.” (Ibid.)
This Motion to set aside dismissal was timely filed within six months of dismissal and the Court finds dismissal was due to counsel’s excusable neglect as stated in counsel’s declaration. The Motion to set aside the August 26, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for June 17, 2020 at 8:30 a.m. in Department 4B and the final status conference is set for June 3, 2020 at 10:00 a.m.in Department 4B. Plaintiff has not yet filed a proof of service of summons. Plaintiff is to serve the complaint and summons on Defendant forthwith and file a proof of service.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative. The Court will be dark on December 10, 2019. A party requesting argument should contact Dept. 4B for an alternate hearing date.