Judge: David A. Hoffer, Case: 30-2021-1221757, Date: 2022-11-21 Tentative Ruling

The motion of Antonio Michaca to set aside the court’s order of May 26, 2022 dismissing the action is GRANTED. 

Motion is made pursuant to Code of Civil Procedure §473(b) and counsel has submitted a declaration stating that the dismissal was as a result of his own mistake.  Motion was filed within 6 months of the entry of dismissal.

This action was filed over one year ago, and, as of May 26, 2022, plaintiff had failed to file a proof of service of the summons and complaint.  California Rule of Court Rule 3.110(b) required the plaintiff to serve the complaint not later than November 16, 2021.  Plaintiff is ordered to serve the summons and complaint within 30-days of the date of this hearing.

The Court sets an Order to Show Cause Re Dismissal for Failure to Comply with CRC 3.110(b) for 12/21/2022 at 09:00 AM in this department.  The Court further orders plaintiff’s counsel to update the Court with its current email address for service of documents in connection with this matter.

The Clerk will give notice of this ruling.