Judge: Jill Feeney, Case: 21STCV22563, Date: 2023-04-26 Tentative Ruling

Case Number: 21STCV22563    Hearing Date: April 26, 2023    Dept: 30

#34

Mikol Lee Biljanic v. City of Los Angeles, et al.

21STCV22563

Plaintiff's Motion to Set Aside Dismissal 

Ruling:  Granted.

Trial Setting Conference (if answers/responsive pleadings filed), or alternatively, an Order to Show Cause Re:  Dismissal for Failure of Plaintiff to Enter Default / Default Judgment (CRC - Rule 3.110(g) and (h) are set for 06/28/2023 at 8:30 a.m. in Department 30 of the Spring Street Courthouse. 

Moving party to give notice.

Rationale: 

The Court dismissed this action on December 14, 2022.  Plaintiff brings the instant motion within six months.  See, Code of Civ. Proc. section 473(b).The court dismissed Plaintiff’s action pursuant to Code Civ. Proc. sections 581, subd. (b)(3) because Plaintiff failed to appear for both the FSC and trial. Plaintiff’s counsel testifies that she missed both the FSC and trial because they were not calendared due to staff turnover issues. (Saeedian Decl., ¶¶8-9)  Because the dismissal was caused by Plaintiff’s Counsel, the neglect is excusable as to Plaintiff.