Judge: Glenn R. Salter, Case: 20-1173342, Date: 2022-08-18 Tentative Ruling

Ex Parte/Noticed Motion to Set Aside

 

The plaintiff filed an ex parte application to vacate and set aside the order granting summary judgment in favor of defendants.

 

Because no proper notice had been given, the court treated the ex parte application as a noticed motion and scheduled it for this hearing.  The defendants filed their opposition, and the plaintiff filed a reply.

 

There is a procedural question as to whether the motion, whether for reconsideration as the court initially suggested, or a basic motion for relief under Code of Civil Procedure section 473, is proper given judgment was entered June 7, 2022, before the motion for relief was filed.

 

Even if the court is procedurally (and jurisdictionally) barred from hearing the motion, it reviewed the motion and the papers filed in opposition and support.  It also re-reviewed the motion for summary judgment and the opposition filed by the plaintiff (although not properly served).  It also, out of an abundance of caution, reviewed and considered all papers filed in the case as well as all minute orders issued here.

 

Assuming this court has jurisdiction, the motion for relief under Code of Civil Procedure section 473 must be denied as the plaintiff has failed to make the necessary preliminary showing that would justify any relief.  Moreover, the court is convinced that summary judgment was properly granted, and judgment properly entered.  (See ROA 124.)

 

Accordingly, the ex parte application/noticed motion is DENIED.

 

Status Conference

 

A Status Conference was scheduled for the same date.  It is apparent that there is no need for one, and therefore it is VACATED.

 

Notice

 

The defendants shall give notice.