Judge: Cynthia A Freeland, Case: 37-2023-00028586-CU-IC-NC, Date: 2024-06-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - June 06, 2024

06/07/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Insurance Coverage Motion Hearing (Civil) 37-2023-00028586-CU-IC-NC GEICO GENERAL INSURANCE COMPANY VS STAHL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Vacate, 03/20/2024

The court will hear the matter.

The court requires further information from Plaintiff GEICO General Insurance Company ('Plaintiff') before the court can granted the requested relief. Simply put, the court is unclear what Plaintiff seeks by way of the pending motion. It appears from the moving papers that Plaintiff would like the court to vacate the January 12, 2024 dismissal of this action on the grounds of mistake, inadvertence, surprise, and/or excusable neglect under California Code of Civil Procedure ('CCP') § 473(b). More specifically, Plaintiff argues that the dismissal should be set aside because Plaintiff's counsel failed to appear at the January 12, 2024 hearing owing to a calendaring error. However, the minutes of that hearing reflect that attorney Drew Burford appeared remotely on Plaintiff's behalf. See ROA No. 17. At the same time, the court made clear at the January 12, 2024 hearing that it could not keep the case active until January 30, 2035, the date contemplated for dismissal pursuant to the Notice of Settlement of Entire Case. See ROA No.

11. At the hearing, the court explained it could dismiss the case while retaining jurisdiction pursuant to CCP § 664.6, which is what the court did.

Counsel shall attend the hearing prepared to discuss the foregoing issues.

Calendar No.: Event ID:  TENTATIVE RULINGS

3105719