FULLERTON, CA—On November 18, 2024, the Orange County Superior Court entered a dismissal in favor of the City of Westminster in a personal injury lawsuit based on Plaintiff’s failure to serve her complaint within three years of filing.
The case originated in May of 2019 when the plaintiff alleged that she was injured when she was attempting to board an OTCA bus. She filed her case one year later in May of 2020. However, despite the passage of a year, plaintiff never served her complaint. The matter was set for an OSC re: dismissal and subsequently dismissed in February of 2021. Over a year later, plaintiff successfully moved to set aside the dismissal but once again failed to serve the complaint. This resulted in a second OSC dismissal which was also granted.
In November of 2022, new counsel substituted in and filed a second request to set aside the dismissal. The Court did so and plaintiff finally attempted to serve her complaint in June of 2024, more than four years after the alleged incident.
Attorneys Melissa Ballard and Scott Wm. Davenport represented the City and filed a Motion to Dismiss the Complaint based on Plaintiff’s failure to serve the complaint within three years. Plaintiff opposed, arguing that any deadlines for service were tolled based on her prior attorney’s ALS diagnosis, which impacted his ability to handle his cases.
On November 18, 2024, more than five years after the incident, the Orange County Superior Court issued an order dismissing plaintiff’s case. This early win – prior to the filing of an Answer or any discovery – resulted in substantial cost savings to the City of Westminster and its taxpayers.