Judge Holly J. Fujie, Case Number: 24STCV22780, Date: 2025-04-21 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.

This is a defamation action. On September 5, 2024, Plaintiff, in pro per, filed a complaint against Khaula Azher, aka Khaula Mehmoud and Nadia Mufti (collectively “Defendants”) alleging causes of action for: (1) conspiracy; (2) slander per se; (3) intentional infliction of emotional distress; (4) gross negligence; (5) negligence; (6) negligent infliction of emotional distress.

On February 21, 2025, Plaintiff filed the instant motion to set aside and vacate judgment (the “Motion”). The Motion is unopposed.

“A motion for relief under section 473 is addressed to the sound discretion of the trial court and an appellate court will not interfere unless there is a clear showing of an abuse. [Citation.] The statute is remedial and should be liberally applied to carry out the policy of permitting trial on the merits, but the moving party has the burden of showing good cause. [Citations.]” (David v. Thayer (1980) 133 Cal.App.3d 892, 904-905.)

Section 473 subdivision (b) of the Code of Civil Procedure (“CCP”) provides for both discretionary and mandatory relief from a judgment, dismissal, and/or order or other proceeding taken against a party through his or her mistake, inadvertence, surprise, or excusable neglect. (CCP, § 473, subd. (b) [mandatory relief more narrowly targeted to defaults, default judgments, and dismissals]; Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.)

The discretionary provision of section 473, subdivision (b), states that “[t]he 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.” (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 and be made within a reasonable time not exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP, § 473, subd. (b).)

Plaintiff has not filed proof of service showing that this Motion was served on Defendants. Thus, the Motion is DENIED.

The Court also notes that Plaintiff’s Motion is based on Defendants’ alleged failure to comply with certain rules concerning Defendants’ motion to quash service of summons. A motion to set aside or vacate a judgment may be brought when a party asserts that the judgment against them was the result of their own mistake or excusable neglect, rather than a mistake of the opposing party. (See CCP, § 473, subd. (b).)

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.

Hon. Holly J. Fujie

Judge of the Superior Court