Judge: Elaine W. Mandel, Case: 23SMCV05931, Date: 2025-03-21 Tentative Ruling

Case Number: 23SMCV05931    Hearing Date: March 21, 2025    Dept: P

Tentative Ruling

Amica Mutual Insurance Company v. Topalian, Case no. 23SMCV05931

Hearing date March 21, 2025

Plaintiff’s Motion to Vacate Dismissal

Plaintiff Amica Mutual Insurance Company sued defendant Topalian in an automobile subrogation action. After plaintiff failed to appear at hearing 7/10/24, the court dismissed the action without prejudice. See Min. Order 7/10/24. Plaintiff moves to vacate the dismissal on Cal. Code Civ. Proc. §473 grounds, asserting inadvertence and mistake by plaintiff’s counsel Tapper. The motion is unopposed.

The court may, upon any terms as may be just, relieve a party from a judgment, dismissal, order, or other proceeding taken through counsel’s mistake, inadvertence, surprise or excusable neglect. Cal. Code Civ. Proc. §473(b). The court shall grant such whenever an application for relief is made no more than six (6) months after entry of judgment, is in proper form and accompanied by an attorney’s sworn affidavit. Id.

Plaintiff filed the motion 1/6/25, within 6 months of the court’s 7/10/24 dismissal. Plaintiff asserts the failure to appear was the result Tapper’s inadvertence. See generally Decl. Tapper. Tapper declares he miscalendared the date and takes responsibility for the failure to appear and requests the court not impose sanctions on plaintiff. Decl. Tapper paras. 2, 4-5.

Plaintiff filed a request to dismiss with prejudice 1/21/25. The request was denied due to the pendency of this instant motion. See Notice of Rejection 1/29/25. Plaintiff complied with Cal. Code Civ. Proc. §473. The motion is unopposed, and judicial economy favors vacating the dismissal so the parties may fully dispose of the action with prejudice. GRANTED.