This case was last updated from Los Angeles County Superior Courts on 08/28/2019 at 00:25:53 (UTC).

VALERIE TAYLOR VS SPEEDY CASH

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5948

  • Filing Date:

    02/26/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

TAYLOR VALERIE

Respondents and Defendants

SPEEDY CASH

DOES 1 TO 25

CASH SPEEDY

 

Court Documents

Minute Order

8/26/2019: Minute Order

Order - Dismissal

8/26/2019: Order - Dismissal

Minute Order

8/12/2019: Minute Order

SUMMONS

2/26/2018: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

2/26/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

 

Docket Entries

  • 08/26/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Held

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  • 08/26/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 08/26/2019
  • DocketOrder - Dismissal; Filed by Clerk

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  • 08/12/2019
  • Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 08/12/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 02/26/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/26/2018
  • DocketComplaint; Filed by Valerie Taylor (Plaintiff)

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  • 02/26/2018
  • DocketSUMMONS

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Tentative Rulings

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.