Judge: H. Jay Ford, III, Case: BC709630, Date: 2023-08-22 Tentative Ruling

Case Number: BC709630    Hearing Date: August 22, 2023    Dept: O

Case Name:  Yousefian v. Fogo De Chao Churrascaria California, LLC, et al.

SUBJECT:                MOTION TO SET ASIDE DISMISSAL AND REINSTATE CASE PURSUANT TO CCP §473(2)(b)

MOVING PARTY:  Plaintiff Faraz Yousefian, on behalf of all other aggrieved employees 

RESP. PARTY:        Defendant Fogo De Chao Churrascaria (California), LLC

TENTATIVE RULING

            Plaintiff Yousefian’s Motion to Set Aside Dismissal and Reinstate Case pursuant to CCP §473(2)(b) is GRANTED.  Plaintiff is to lodge forthwith the Order appointing the Coordination Trial Judge (not the order appointing the Coordination Motion Judge).

            The Court sets a hearing for _____________________ for Plaintiff to show cause why the case should not be dismissed for failure to prosecute, or for Plaintiff’s failure to have case transferred to the  Coordinating Trial Judge.

The Court dismissed the action on 6-26-23 for failure to prosecute based on Plaintiff’s failure to appear.  Plaintiff establishes that Plaintiff’s counsel appeared that day telephonically but due to technical difficulties, she could not be heard by the Court.  See Motion, Dec. of C. Stewart, ¶¶2-3.  Any failure to appear was due to the reasonable mistake or excusable neglect of Plaintiff’s counsel.  Plaintiff acted with extreme diligence in seeking relief as well, filing the motion the same day as the 6-26-23 hearing.

Defendants fail to offer any grounds to deny Plaintiff’s request for discretionary relief.  Defendants’ arguments that Plaintiff had not prosecuted this case do not address the basis for Plaintiff’s request for relief—Plaintiff appeared telephonically but could not be heard due to technical difficulties.