Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

BACKGROUND 

This action arises from alleged construction defects.  Plaintiff Samron & Associates (“Samron”) purchased a remodeled single-family residence from Defendant 3523 Greenfield, LLC (“Greenfield”).  The home is located at 3523 Greenfield Ave, Los Angeles, California (the “Property”). 

Plaintiff alleges numerous defects with the construction.  Plaintiff alleges Defendant Alvaro Castillo was involved in the hiring of several unskilled and unlicensed “contractors” who participated in the construction of the home.  Plaintiff has added these various contractors as defendants in this action, including Defendant Edwin Gilbert Ruiz doing business as California Custom Glazing (“Ruiz”).   

On September 11, 2024, the Court held an order to show cause (“OSC”) hearing regarding Plaintiff’s failure to file proof of service on Ruiz.  At the hearing, Plaintiff maintained Ruiz was served and his default was entered on June 18, 2024, but the Clerk’s records indicated there was no evidence of service.  Accordingly, the Court dismissed Ruiz.   

This hearing is on Plaintiff’s motion to vacate the dismissal of Ruiz.  Plaintiff has submitted proof of service as well as evidence that default had been entered against Ruiz.  There was no opposition filed as of the posting of this tentative ruling.    

LEGAL STANDARD 

Pursuant to Code Civ. Proc. §473(b), both discretionary and mandatory relief are available to parties when a case is dismissed.  Discretionary relief is available under the statute as “the court may, upon any terms as may be just, relieve a party or his or her legal representative from judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.”  (Code of Civ. Proc. § 473(b).)  

Alternatively, mandatory relief is available when “accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect.”  (Id.)  The purpose of the attorney affidavit provision is to “relieve the innocent client of the burden of the attorney’s fault, to impose the burden on the erring attorney, and to avoid precipitating more litigation in the form of malpractice suits.”  (Hu v. Fang (2002) 104 Cal.App.4th 61, 64.)  Mandatory relief is available even if counsel’s neglect was inexcusable.  (SJP Limited Partnership v. City of Los Angeles (2006) 136 Cal.App.4th 511, 516–517.)   

An application for discretionary or mandatory relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding from which relief is sought.  (Code Civ. Proc., § 473(b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) 

“[W]hen relief under section 473¿is¿available, there is a strong¿public¿policy¿in¿favor¿of granting relief and allowing the requesting party his or her day in court[.]” (Rappleyea v. Campbell¿(1994) 8 Cal. 4th 975, 981-82.)  Any doubt in applying section 473, subdivision (b), must be resolved in favor of the party seeking relief.  (Bonzer v. City of Huntington Park (1993) 20 Cal. App. 4th 1474,¿1477-1478.)   

Where relief is promptly sought and no prejudice would be done to the opposing party, only very slight evidence is required to justify the setting¿aside of a default.  For this reason, orders denying relief under section 473 are carefully scrutinized on appeal. (¿Rappleyea v. Campbell¿(1994) 8 Cal..4th 975, 980;¿Elston v. City of Turlock¿(1985) 38 Cal.3d 227, 233.) 

DISCUSSION 

The Court concludes that the dismissal of Ruiz was entered by mistake.  The Cout incorrectly found that Ruiz had not been served.  In fact, Ruiz was served on April 27, 2024.  (Ex. 1 to Abramson Decl.)  Also, the Clerk had entered default against Ruiz.  (Ex. 2 to Abramson Decl.)  Accordingly, the Court sets aside its dismissal of Ruiz and reinstates the default against him.   

CONCLUSION 

Based on the foregoing, the Court GRANTS Plaintiff’s motion to vacate dismissal of Edwin Gilbert Ruiz dba California Custom Glazing.   

 

IT IS SO ORDERED. 

 

DATED: November 14, 2024 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court