Judge: Elaine W. Mandel, Case: 23SMCV00572, Date: 2023-09-26 Tentative Ruling

Case Number: 23SMCV00572    Hearing Date: September 26, 2023    Dept: P

Tentative Ruling

Aguilar et al. v. Vargas, Case No. 23SMCV00572

Hearing Date September 26, 2023

Plaintiffs Aguilar and Ortiz’s Motion to Set Aside or Vacate Dismissal (UNOPPOSED)

This motor vehicle case was dismissed August 24, 2023 due to plaintiffs’ failure to appear at a June 6, 2023 hearing. Plaintiffs’ counsel Galajian states his failure to appear was due to a calendar error, and he never received notice of the August 24, 2023 Order to Show Cause hearing. Plaintiffs move to set aside the dismissal.

Under Cal. Code of Civ. Proc. §473(b), the court may set aside a dismissal taken against a party through “his or her mistake, inadvertence, surprise, or excusable neglect.” Relief is appropriate when a party’s attorney is responsible for the mistake or neglect. E.g., Dingwall v. Vangas, Inc. (1963) 218 Cal.App.2d 108. Relief under §473 should be liberally granted because public policy favors resolution of disputes on the merits, rather than through technical default. E.g., Fasuvi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 685.

It appears that the clerk of the court listed an incorrect address for plaintiff’s counsel when the case was filed. The court sent notices to an incorrect address. The mail was never returned to the court, so the court did not discover the error until this motion was filed. See Galajian declaration ¶¶1-3. The motion is timely. Considering the public policy preference for resolving matters on the merits, and the apparent mistake of the court, it would be an abuse of discretion for the court to refuse to vacate the dismissal. GRANTED.