Case Number: BC611364 Hearing Date: March 12, 2018 Dept: 97

Superior Court of California
County of Los Angeles
Department 97

Elena Avetisian,

Plaintiff,

v.

Miguel Angel Quiles Velasquez, et al.,

Defendants.

Case No.: BC611364

Hearing Date: March 12, 2018

[TENTATIVE] order RE:

plaintiff’s motion to set aside dismissal

This action arises out of a motor vehicle collision between Plaintiff Elena Avetisan (“Plaintiff”) and Defendant Miguel Angel Quiles Velasquez (“Defendant”). Plaintiff requests the Court to set aside the dismissal entered on August 24, 2017. The instant motion was filed on February 20, 2018, and thus is timely under CCP §473(b).

Plaintiff’s Counsel states that he failed to appear at the dates set for FSC and Trial because he failed to calendar both dates. (Manukyan Decl., at ¶ 2.) Counsel states that he has been actively pursuing this matter in attempting to serve the statement of damages on Defendant so that Default may be entered. (Id. at ¶¶ 5, 8.) Counsel states that Defendant is purposefully evading service, and thus, entry of default has been delayed. (Id. at ¶ 5.)

Plaintiff’s unopposed motion is granted pursuant to CCP §473(b). This motion was made within six months of the Court’s dismissal of Plaintiff’s action and is accompanied by evidence demonstrating that this matter was dismissed through the neglect of Plaintiff’s counsel. The Court’s August 24, 2017 order dismissing Plaintiff’s action is vacated.

The Court notes that Plaintiff filed the Complaint in this matter on February 24, 2016 and did not file proof of service of the Summons and Complaint until November 29, 2016. Further, Plaintiff has not sought Defendant’s default, and Plaintiff has filed no other pleadings between proof of service of the Summons and Complaint and the instant motion filed on February 20, 2018. Counsel states he has been attempting to serve Defendant but provides no evidence outside his own testimony to support these statements. The case is set for a trial setting conference and OSC re entry of default on April 20, 2018 at 8:30 am in Department 97.

Plaintiff is ordered to provide notice of this order.

DATED: March 12, 2018 ___________________________

Elaine Lu

Judge of the Superior Court