Judge: James A. Mangione, Case: 37-2019-00049302-CU-OR-CTL, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/05/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2019-00049302-CU-OR-CTL HAKIM VS MURAD [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant/Cross-Complainant Alan Murad's ('Defendant') Motion to Vacate Dismissal of Cross-Complaint and Enforce Settlement Agreement is granted.

'The 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. . . . [T]he 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 . .

. 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.' (CCP § 473(b).) Here, Defendant's Counsel moved for relief within the six-month timeframe and has filed a declaration stating she inadvertently missed the Court's notice of dismissal due to a lengthy trial in another case. This is sufficient to satisfy the mandatory provision of CCP § 473(b), and Defendant is statutorily entitled to have the dismissal vacated. Therefore, the Court vacates the dismissal of Defendant's Cross-Complaint.

Having reinstated Defendant's Cross-Complaint, the Court has jurisdiction to adjudicate Plaintiff's request to enter judgment in this case pursuant to the terms of the Settlement Agreement. The Court finds that the Settlement Agreement is a valid, enforceable agreement between Plaintiff and Defendant which contains a retention of jurisdiction pursuant to CCP § 664.6. Therefore, Defendant is entitled to an entry of judgment pursuant to the terms of the Settlement Agreement.

The Court will hear from the parties as to the status of the Escrow Instructions and any related amendments.

Plaintiff is ordered to file a proposed judgment within five (5) court days.

The minute order is the order of the Court.

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