Aguilar v. Southern California Edison Co., et al

MOTION TO DISMISS

(CCP §§ 583.410, 583.420; CRC Rule 3.1340)

TENTATIVE RULING:

Defendant Southern California Edison Company’s Motion to Dismiss is GRANTED.

ANALYSIS:

Plaintiffs Manuel Celeya Aguilar, Graciela M. Celeya and Antonio C. Ambris (“Plaintiffs”) filed the instant action against Defendants Southern California Edison Company (“Defendant SEC”) and Daniel Olivos (“Defendant Olivos”) on November 16, 2017. The Complaint alleges Defendants allowed the construction of a defective garage and defective electric pole, which caused a fire that damaged Plaintiffs’ property and caused them personal injuries. (Compl., ¶GN-1.) The case was set trial on May 16, 2019, at which time there were no appearances. The Court found notice of the trial date was not proper and continued the trial to August 8, 2019. (Minute Order, 5/16/19.)

Plaintiffs appeared on August 8, 2019; finding no proof of service of the Summons and Complaint on Defendants,