MOVING PARTY: Defendant, Ruben Muna, specially appearing

RESPONDING PARTY: None

The Court considered the moving papers.

Background

On April 1, 2014, Plaintiff Joe Luis Aguilar Perez filed a complaint against defendant Ruben Muna for motor vehicle negligence based on an April 7, 2012 traffic collision. On July 8, 2016, the Court granted Defendant’s motion to quash service of summons. On June 15, 2017, the case was dismissed pursuant to CCP section 583.210, but vacated on February 5, 2018, under the mandatory relief provisions following counsel’s affidavit of fault. On April 30, 2018, the Court, again, quashed service of summons upon Defendant. On May 2, 2018, the Court denied Plaintiff’s ex parte motion for reconsideration regarding the motion to quash.

On June 20, 2018, Defendant filed the instant motion to dismiss Plaintiff’s complaint for failure to prosecute. No opposition was filed. On August 20, 2018, Defendant filed a notice of non-opposition

LEGAL STANDARD

Pursuant to CCP