Judge: Elaine W. Mandel, Case: 24SMCV00964, Date: 2025-04-22 Tentative Ruling

Case Number: 24SMCV00964    Hearing Date: April 22, 2025    Dept: P

Tentative Ruling

Pyles v. Abredi, Case no. 24SMCV00964

Hearing date April 22, 2025

Plaintiffs’ Motion to Vacate Dismissal

Plaintiffs Pyles and Biganc, a minor, sued for injuries arising from a motor vehicle accident. After plaintiffs failed to appear in court for status conferences/OSC re failure to file proofs of service on 6/25/24 and 7/26/24, as well as a status conference/OSC re dismissal on 9/6/24, the court dismissed without prejudice. See Min. Order 9/6/24. Plaintiffs now move to vacate the dismissal.

Under Cal. Code of Civ. Proc. §473(b), the court may set aside a dismissal taken against a party through “mistake, inadvertence, surprise, or excusable neglect.” 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.

Plaintiffs’ counsel Farmer states filing issues with the clerk’s office resulted in delays obtaining the summons. Decl. Farmer paras. 2-3. Counsel also blames “delays in the Court’s processing.” Id. It does appear the court timely granted the requested fee waivers on 3/4/24, and the court was unable to verify that the summons was returned by the clerk’s office or the “repeated requests to obtain the corrected summons.” Id.

There is no evidence plaintiffs made any attempts to serve the complaint at any time up to today’s date.

Counsel further states the three failures to appear at court hearings resulted from calendaring mistakes. Decl. Farmer para. 4. Plaintiffs argue the failures to appear were not intentional and request that the dismissal be vacated.

California law favors resolution on the merits. Plaintiffs’ counsel states the dismissal was the result of excusable mistake and neglect. GRANTED per CCP 473(b). The dismissal is vacated as of today’s date. The complaint is to be served forthwith. The court will set a status conference and OSC re failure to file proof of service for 30 days from the date of the hearing.