Judge: Elaine W. Mandel, Case: 23SMCV02274, Date: 2024-06-24 Tentative Ruling

Case Number: 23SMCV02274    Hearing Date: June 24, 2024    Dept: P

Tentative Ruling

Guerrero, et al. v. Doe, et al., et al., Case No. 23SMCV02274

Hearing date June 24, 2024

Plaintiffs’ Motion to Set Aside Dismissal (UNOPPOSED)

Plaintiffs sued for injuries sustained in a motor vehicle accident. The court set an initial case management conference (CMC) and OSC re: Failure to File a Proof of Service for September 26, 2023. See Moret Decl. ¶2. Due to a calendaring error, plaintiffs’ former attorney, Gilbert Moret, failed to appear. Id. Moret failed to appear for two additional CMC/OSC dates on October 26 and November 30, 2023. Moret states this was again due to calendaring errors. Id.

On November 30, 2023 there were no appearances, and defendants were not served. The court dismissed without prejudice. 11/30/23 Minute Order.

Plaintiffs state the staff member at counsel’s office responsible for processing mail and calendaring suffered a stroke and had lingering symptoms after returning to work. See Moret Decl. ¶3. As a result, the CMCs/OSCs were never calendared and led to Moret’s failure to appear. Moret learned of his failure to appear upon receipt of the November 30, 2023 Dismissal Order. Id. Plaintiffs moved to set aside the dismissal on May 15, 2024.

CCP §473(b) provides for mandatory relief from dismissal where application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. All of those requirements are met here.

Dismissal was entered on November 30, 2023, and plaintiffs timely moved for relief based on attorney mistake less than six months from the dismissal. Relief is mandatory per CCP §473(b).

The motion is unopposed. GRANTED.