Case Number: BC513837??? Hearing Date: October 14, 2016??? Dept: 98
DANIEL HIGGINS,
Plaintiff,
vs.
RUTH ALICE RAFEEDIE, et al.,
Defendants.
Case No.: BC513837
[TENTATIVE] ORDER RE: PLAINTIFF?S MOTION TO VACATE DISMISSALDept. 98
1:30 p.m.
October 14, 2016
On June 28, 2013, Plaintiff Daniel Higgins (?Plaintiff?) filed this action against Defendant Ruth Alice Rafeedie (?Defendant?) for alleged damages arising out of a July 1, 2011 vehicle collision. Trial was set for December 14, 2015. On that date, no appearances were made by or for any party and there was no communication with the Court regarding the status of the action. The Court therefore ordered the case dismissed without prejudice. Plaintiff filed this Motion to Vacate Dismissal on June 13, 2016, set to be heard on July 21, 2016.
On July 21, 2016, Counsel for Plaintiff informed the Court that Plaintiff is an active member of the military. The Court continued this matter to October 14, 2016 and instructed Counsel to brief the issue of dismissal of this action, in light of the fact that the Complaint has not been served more than three years since its filing (CCP Sections 583.210 and 583.250), providing proof of plaintiff?s status as an active military member and setting forth any authority that said status tolled the period for service under those statutes. No such brief has been filed.
As it has been more than three years since the commencement of this action, the Summons and Complaint have not yet been served, and Plaintiff has failed to show cause why this action should not be dismissed, the Motion to Vacate is DENIED. This action remains dismissed for lack of prosecution pursuant to Code of Civil Procedure section 583.210.
Dated this 14th day of October, 2016
Hon. Holly J. Fujie
Judge of the Superior Court