Judge: John J. Kralik, Case: 23BBCV02411, Date: 2025-03-07 Tentative Ruling

Case Number: 23BBCV02411    Hearing Date: March 7, 2025    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Donna M Harting (“Plaintiff”) alleges that on September 28, 2022, she was involved in a motor vehicle accident with John Doe.  Plaintiff alleges that she was a pedestrian utilizing a crosswalk when John Doe suddenly and without notice failed to yield to Plaintiff, resulting in her being knocked down to the ground.  Plaintiff alleges that Defendant Raymundo & Sons Trucking, Inc. was the registered owner of the vehicle that was driven by John Doe.

The complaint, filed October 17, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence. 

On May 23, 2024, Plaintiff filed amendments to the complaint naming Estevan Hernandez (Doe 1), Hector Hernandez (Doe 2), Gerardo Hernandez (Doe 3), EH Trucking, Inc. (Doe 4), and Ude’s Trucking, Inc. (Doe 5).  On January 22, 2025, Plaintiff filed amendments to the complaint naming Arakelian Enterprises, Inc. dba Athens Services (Doe 6) and Colas, Inc. dba Blue Diamond Materials (Doe 7.) 

            On June 6, 2024, Plaintiff dismissed without prejudice the complaint as to Raymundo & Sons Trucking, Inc. only (other defendants Does 1-4 remain in the case). 

B.     Relevant Background and Motion on Calendar

On August 28, 2024, the Court held a Case Management Conference and Order to Show Cause re: Dismissal.  The Court noted that Plaintiff failed to appear and Plaintiff was given proper notice of the hearing via the July 24, 2024 minute order.  The Court dismissed the complaint without prejudice. 

On February 18, 2024, Plaintiff filed a motion to vacate the dismissal.  The Court is not in receipt of an opposition brief. 

DISCUSSION  

            Plaintiff moves to set aside the dismissal pursuant to CCP § 473(b). 

            Plaintiff provides the declaration of her counsel Paul N. Philips.  Mr. Philips states that he hopes that the inadvertence and/or mistake on his part or the part of his firm will not prejudice Plaintiff.  (Philips Decl., ¶2.)  He states that the action was initially filed against Raymundo & Sons Trucking, Inc. and John Doe, but after getting the help of LAPD, it was determined that Raymundo & Sons was not the proper defendant and instead the proper defendant was EH Trucking.  (Id., ¶¶3-5.)  However, he states that it took several months to determine that EH Trucking was also not the proper defendant.  (Id., ¶5.)  Counsel states that his office diligently investigated the proper parties, released EH Trucking, and added Ude’s Trucking, but then determined that Ude’s Trucking was also not the proper defendant.  (Id., ¶¶6-7.)  Counsel states that Plaintiff then filed amendments (Does 6 and 7) to name Athens Services and Blue Diamond Materials, believing that these are the proper defendants.  (Id., ¶8.)  He states that Plaintiff has filed 7 amendments after diligent investigations.  (Id., ¶9.)  Mr. Philips states that he did not attend the July 24, 2024 CMC because he had a trial in another case.  (Id., ¶10.)  He states that he did not see the notice continuing the CMC and OSC to August 28, 2024, such that the hearings were not calendared by his firm.  (Id., ¶¶11-12.)  He states that he was not aware that the case has been dismissed because he had filed numerous documents, which were accepted by the Court.  (Id., ¶13.)  He states he only became aware of the dismissal when the clerk rejected his request to dismiss Doe 5.  (Id., ¶14.)  He states he immediately filed this motion upon learning about the dismissal.  (Id., ¶15.) 

Based on the declaration of Mr. Philips, the Court finds there is substantive merit to the motion pursuant to the mandatory prong of CCP § 473(b) based on attorney fault.  Further, the motion was timely brought within 6 months of the dismissal and the motion is unopposed.  Thus, the motion to vacate the dismissal is granted.  

CONCLUSION AND ORDER

Plaintiff Donna M Harting’s motion to vacate the dismissal is granted. 

The Court sets a Case Management Conference for August 28, 2025 at 8:30 a.m. 

Plaintiff shall provide notice of this order.

DATED: March 7, 2025                                                         ___________________________

                                                                                          John Kralik

                                                                                          Judge of the Superior Court