Judge: Holly J. Fujie, Case: 20STCV22869, Date: 2024-01-16 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 20STCV22869    Hearing Date: January 16, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiffs

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            This action arises out of a landlord/tenant relationship.  Plaintiffs’ complaint (the “Complaint”) alleges: (1) failure to provide habitable dwelling; (2) breach of covenant of right to quiet enjoyment and possession of the property; (3) nuisance; (4) negligence; and (5) violation of Civil Code section 1942.4.

On April 7, 2023, the Court dismissed the Complaint due to Plaintiffs’ failure to file a status report.  On August 24, 2023, Plaintiffs filed a motion to vacate the dismissal pursuant to CCP section 473, subdivision (b) (the “Motion”).

DISCUSSION

The court is empowered to relieve a party or their legal representative from a judgment, dismissal, order, or other proceeding taken against them through their mistake, inadvertence, surprise or excusable neglect.  (CCP § 473, subd. (b).)  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.  (Id.)  The law favors a trial on the merits and courts therefore liberally construe section 473.  (Bonzer v. City of Huntington Park (1993) 20 Cal.App.4th 1474, 1477.)  Doubts in applying section 473 are resolved in favor of the party seeking relief from default.  (Id. at 1478.) 

            In support of the Motion, Plaintiffs provides evidence that their attorney failed to timely file a status report due to a calendaring error.  (See Declaration of Chandra Gehri Spencer ¶¶ 9-11.) 

The Court finds that Plaintiffs have shown that the dismissal of the Complaint was the result of their counsel’s mistake, inadvertence or excusable neglect.  For this reason and because it is unopposed, the Court GRANTS the Motion and orders that the dismissal be vacated and that the Complaint be reinstated.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  The Court will hold a case management conference on February 7, 2024 at 8:30 a.m. in this department.

            Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

        Dated this 16th day of January 2024