Case Number: BC642330 Hearing Date: July 23, 2018 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

Robiel Gebremichael,

Plaintiff,

v.

Miles Richie, et al.,

Defendants.

Case No.: BC642330

(Related to 16K11644)

Hearing Date: July 23, 2018

[TENTATIVE] order RE:

plaintiff’s motion to set aside dismissal

This action arises out of a physical altercation between Plaintiff Robiel Gebremichael (“Plaintiff”) and Defendant Miles Richie (“Defendant”). Plaintiff requests that the Court set aside the dismissal entered on May 30, 2018. The instant motion was filed on June 12, 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 the system in his office failed to calendar both dates. (Nwabuzor Decl., at ¶¶ 7, 8.) Counsel states that his office entered default against the Defendant, but the file was erroneously placed in the “closed” box, and default judgment has not yet been pursued. (Id. at ¶ 7.)

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 May 30, 2018 order dismissing Plaintiff’s action is vacated.

As discussed above, Plaintiff entered default as to Defendant on July 6, 2017 but has not yet obtained a default judgment. Counsel states that this occurred in error. The Court sets an OSC re Failure to Pursue Entry of Default Judgment at the time stated below so that Plaintiff may update the Court as to the status of the entry of default judgment in this case.

The Final Status Conference is reset for January 11, 2019 at 10:00 am in Department 5 and Trial is reset for January 25, 2019 at 8:30 am in Department 5. The Court also sets the OSC re Failure to Pursue Entry of Default Judgment for January 25, 2019 at 8:30 am in Department 5.

All parties should note that the hearing on this motion and all future hearings will take place at the Court’s new location: Spring Street Courthouse, 312 N. Spring Street, Department 5, Los Angeles, CA 90012.

Plaintiff is ordered to provide notice of this order, including the Court’s new location and new department number, and file proof of service of such.

DATED: July 23, 2018 ___________________________

Elaine Lu

Judge of the Superior Court