Judge: Deborah C. Servino, Case: 30-2020-01169529, Date: 2022-12-16 Tentative Ruling

Plaintiff Jondo, Ltd.’s motion to set aside order of dismissal, under Code of Civil Procedure section 473, is granted.

Plaintiff has met its burden of showing that the order of dismissal without prejudice, entered on July 5, 2022, (see ROA 23, 24), was entered due to the mistake or inadvertence of Plaintiff’s counsel, Foley Bezek Behle & Curtis, LLP. (Code Civil Proc., § 473, subd. (b).)  According to the supporting declaration by Plaintiff’s counsel, Plaintiff did not appear at the jury trial on July 5, 2022, because its counsel was unaware that trial had been advanced sua sponte, from May 1, 2023 to July 5, 2022, even though that order had been served upon Plaintiff’s counsel. The trial date had not been calendared. (Behle Decl., at ¶¶ 5-7.) The July 5, 2022 order of dismissal is hereby ordered vacated. 

A case management conference is scheduled for May 19, 2023 at 9 am in Dept. C21.

Plaintiff shall give notice of the ruling and of the case management conference.