Judge: Katherine Chilton, Case: 20STLC02507, Date: 2023-02-23 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 25 at the Spring Street Courthouse up until the morning of the motion hearing. The e-mail address is SSCdept25@lacourt.org. The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.
Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.  **Please note we no longer use CourtCall**

Case Number: 20STLC02507     Hearing Date: February 23, 2023    Dept: 25

PROCEEDINGS:      MOTION TO SET ASIDE/VACATE DISMISSAL

MOVING PARTY:   Plaintiff Nicole Jackson

RESP. PARTY:         Defendant Jorge Hernandez

MOTION TO SET ASIDE/VACATE DISMISSAL

(CCP § 473(d))

TENTATIVE RULING:

            The Court, on its own motion, CONTINUES the hearing on Plaintiff’s Motion to Set Aside/Vacate Dismissal to March 16, 202.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 NONE

[X] Correct Address (CCP §§ 1013, 1013a)                                                 NONE

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     NONE

OPPOSITION:          None filed as of February 20, 2023.                                 [   ] Late          [X] None

REPLY:                     None filed as of February 20, 2023.                                 [   ] Late          [X] None

ANALYSIS:

On March 16, 2020, Plaintiff Nicole Jackson (“Plaintiff”), in propria persona, filed an action against Defendant Jorge Hernandez (“Defendant”) for general and motor vehicle negligence.  The action arises out of an automobile accident that allegedly occurred on March 16, 2018.  On April 15, 2020, Defendant filed an Answer denying all allegations in the Complaint.

On September 28, 2022, the Court granted Defendant Hernandez’s Motion for Terminating Sanctions, filed on August 29, 2022, and dismissed Plaintiff’s Complaint with prejudice.  (9-28-22 Minute Order.)

            On November 2, 2022, Plaintiff filed the instant Motion to Set Aside/Vacate Dismissal, reserved for hearing on February 23, 2023.  On the same day, Plaintiff filed a Motion to Vacate Void Order, reserved for a hearing on March 16, 2023.

            The Court, on its own motion, CONTINUES the hearing on the Motion to Set Aside/Vacate Dismissal to March 16, 2023.