Judge: Audra Mori, Case: 19STCV14557, Date: 2022-10-28 Tentative Ruling

Case Number: 19STCV14557    Hearing Date: October 28, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Benetta Myles (“Plaintiff”) filed this action against defendants Gustavo Alonso Valdev Mejia (“Mejia”), Falkenn Logistics (“Falkenn”), Penske Truck Leasing Co., L.P. (“Penske”) for damages arising from a motor vehicle accident.  Plaintiff has filed an Amendment to Complaint naming Global Logistics Solutions Group, LLC (“Global Logistics”) as Doe 1.  On October 25, 2019, Plaintiff dismissed the complaint with prejudice as to Penske. 

Defendants Mejia, Falkenn, and Global Logistics are in default and an Order to Show Cause Re: Dismissal and Order to Show Cause Re: Default Judgment (the “OSCs”) were set for April 21, 2022.  However, there were no appearances or contact by any parties at the OSCs, and Plaintiff’s complaint was dismissed without prejudice. 

On June 9, 2022, Plaintiff filed the instant motion to set aside dismissal.  Plaintiff asserts the dismissal was the result of Plaintiff’s counsel’s mistake, inadvertence, or excusable neglect. 

The Court notes that Plaintiff’s notice of motion and attached proof of service state that a declaration from Plaintiff’s counsel, Donald R. Hartunian, was served with the motion.  However, the Court cannot locate the declaration and there is otherwise no supporting declaration and nothing to authenticate the exhibits attached to the motion.  The motion will thus be continued to allow Plaintiff to file the missing declaration. 

Plaintiff’s motion to set aside dismissal is continued to _______________________________ at 1:30 p.m. in this Department.  Plaintiff must file Plaintiff’s counsel’s declaration at least nine court days prior to the hearing date. 

Plaintiff is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 28^th day of October 2022