Judge: Frank M. Tavelman, Case: 23BBCV01020, Date: 2023-06-23 Tentative Ruling

Case Number: 23BBCV01020    Hearing Date: June 23, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

TENTATIVE RULING

JUNE 23, 2023

MOTION TO SET ASIDE DISMISSAL

Los Angeles Superior Court Case # 22BBCV01020

MP: Topa Insurance Company (Plaintiff)

RP: None

On April 17, 2023, counsel for Topa Insurance Company (“Plaintiff”) appeared before the Court for a case management conference. Plaintiff indicated to the Court that it wished to dismiss this action as against defendant Garnik Gholikandi Badalyans (“Badalyans”), but that it intended to proceed with litigation against Taltech Construction, Inc. and 11104 Oro Vista LLC. (Toroyan Decl. ¶ 7.) No appearance was made for any defendant. (Id. at ¶ 6.) Thereafter, the Court mistakenly entered an order that the case be dismissed without prejudice entirely. Plaintiff now asks the Court to set aside the dismissal in light of this mistake. (Id. at ¶ 10.)

Code of Civil Procedure § 473(d) provides “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

Here the minute order dismissing the entire action did not comport with the Court’s intended order to dismiss the action as to just Badalyans. As such, the Court GRANTS Plaintiff’s motion to set aside the dismissal as to Taltech Construction, Inc. and 11104 Oro Vista LLC. The Complaint is reinstated.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Topa Insurance Company’s Motion to Set Aside Dismissal came on regularly for hearing on June 20, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTION TO SET ASIDE DISMISSAL AS TO DEFENDANTS TALTECH CONSTRUCTION, INC. AND 11104 ORO VISTA LLC IS GRANTED.

THE COMPLAINT IS REINSTATED, AN ORDER TO SHOW CAUSE RE PROOF OF SERVICE AND A CASE MANAGEMENT CONFERENCE ARE SET FOR OCTOBER 17, 2023 AT 9:00 A.M.

TOPA INSURANCE COMPANY, INC. IS TO GIVE NOTICE.

IT IS SO ORDERED.

DATE: June 23, 2023 _______________________________

F.M. TAVELMAN, Judge

Superior Court of California

County of Los Angeles