Judge: Kerry Bensinger, Case: 21STCV21034, Date: 2023-08-30 Tentative Ruling

Case Number: 21STCV21034    Hearing Date: August 30, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     None                                       TRIAL DATE:  Vacated

CASE:                         Dan John Peterson v. Julie Nerina Acosta

CASE NO.:                 21STCV21034

STATUS CONFERENCE REPORT AND TRIAL SETTING

MOVING PARTY:               N/A

RESPONDING PARTY:      N/A

            On June 4, 2021, Plaintiff, Dan John Peterson, initiated this action against Defendant, Julie Nerina Acosta, for injuries arising from a motor vehicle collision occurring.

            On January 7, 2022, default was entered against Defendant.

            On January 11, 2022, Defendant filed an Answer to the Complaint

            On June 13, 2023, the Court vacated the default because Plaintiff did not file a proof of service showing the Statement of Damages was served on Defendant prior to entry of default judgment.  As such, default was entered in error.

            Because the default has been set aside and vacated, the Answer filed January 11, 2022, is valid and filed.  The case is at issue.  Accordingly, the Court sets the following dates: the Final Status Conference is scheduled for August 30, 2024.  The Non-Jury Trial is scheduled for August 16, 2024.  The OSC re Dismissal is scheduled for October 16, 2024.

            The Clerk to give notice to counsel for Plaintiff who is to give notice. 

Dated:   August 30, 2023                                            ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.