Judge: Colin Leis, Case: 23STCV08793, Date: 2023-09-06 Tentative Ruling

Case Number: 23STCV08793    Hearing Date: September 6, 2023    Dept: 74

FedEx Corporate Services, Inc. v. Hae Won Yoon, et al.

Motion to Set Aside Dismissal

TENTATIVE RULING

            The court will grant the motion to set aside dismissal because Plaintiff’s counsel’s mistake caused the dismissal.

BACKGROUND 

            This action arises from a contractual dispute.

            On April 20, 2023, Plaintiff FedEx Corporate Services, Inc. (Plaintiff) filed a complaint against Defendants Hae Won Yoon and LA Plaza Shop, Inc. (Defendants).

            On June 8, 2023, Plaintiff filed a default package for default judgment.

            In the request for dismissal, though, Plaintiff’s counsel mistakenly checked the request for dismissal box rather than the dismiss Doe Defendants box.

            On June 20, 2023, Plaintiff filed this motion to set aside the dismissal.

LEGAL STANDARD

            “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a […] dismissal […] taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473.)

DISCUSSION 

            The court will set aside the dismissal because it resulted from Plaintiff’s counsel’s mistake.

CONCLUSION 

Based on the foregoing, the court grants Plaintiff’s motion to set aside the dismissal.

Plaintiff is ordered to give notice.