Judge: Gary Y. Tanaka, Case: 22TRCV00065, Date: 2023-05-02 Tentative Ruling

Case Number: 22TRCV00065    Hearing Date: May 2, 2023    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka                                                                                              Tuesday, May 2, 2023

Department B                                                                                                                             Calendar No. 4

PROCEEDINGS

            JP Morgan Chase Bank, N.A. v. Forrest Tanner

            22TRCV00065

1.      JP Morgan Chase Bank, N.A.’s Motion to Set Aside Dismissal    

TENTATIVE RULING

            JP Morgan Chase Bank, N.A.’s Motion to Set Aside Dismissal is granted.

            Background

            Plaintiff filed the Complaint on January 27, 2022. Plaintiff alleges the following facts. This is an action for common counts in which Plaintiff contends that it is owed $39,425.18.

            Motion to Set Aside Dismissal

            CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.  . . .  Notwithstanding any other requirements of this section, the court shall, whenever an 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, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. . . .”

            Plaintiff has adequately established that the dismissal was entered due to the mistake, inadvertence, surprise, or neglect of Plaintiff’s counsel in failing to calendar the Case Management Conference of August 10, 2022.  (Decl., Anthony DiPiero, ¶¶ 6-9.)  Thus, the motion to set aside dismissal is granted and the case is restored to the active calendar.

            The Court hereby recognizes the settlement agreement that was entered into by the parties and the case is dismissed without prejudice with the Court retaining jurisdiction pursuant to CCP § 664.6.

            Plaintiff is ordered to give notice of this ruling.