Judge: Holly J. Fujie, Case: 21STCV10195, Date: 2023-03-29 Tentative Ruling

Case Number: 21STCV10195    Hearing Date: March 29, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

            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

            On March 15, 2021, Plaintiff filed a complaint (the “Complaint”).  On June 29, 2021, the Court dismissed the Complaint because Plaintiff failed to file a declaration as to why the case should not be dismissed. 

On January 30, 2023, Plaintiff filed a motion to set aside the dismissal pursuant to CCP section 473, subdivision (b) (the “Motion”) on the grounds that the failure to file a declaration as to why the case should not be dismissed was the result of mistake, inadvertence or excusable neglect.

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).) 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.  (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.) 

Plaintiff declares that he was unaware that the Court requested a declaration as to why the Complaint should not be dismissed because he unknowingly lost access to the mailbox he was using to receive mail.^[1]  In August 2021, Plaintiff suffered a traumatic brain injury that physically and cognitively limited him.  On December 25, 2021, Plaintiff reserved a March 2022 hearing date for a motion to vacate the dismissal, but had to reschedule the hearing several times due to health complications.  

The Court finds that Plaintiff has adequately shown that the dismissal of the Complaint was the result of mistake, inadvertence or excusable neglect.  In addition, the Motion sets forth evidence that within six months of the Complaint’s dismissal, Plaintiff first reserved a hearing date that he subsequently delayed due to extenuating circumstances.  For these reasons 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 May 3, 2023 at 8:30 a.m. in this department.

            Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

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 29th day of March 2023