Judge: John C. Gastelum, Case: 19-1113105, Date: 2022-08-23 Tentative Ruling

McGuire Contracting, Inc.    v.   Saddle Corp.

Motion to Set Aside/Vacate Dismissal

Tentative Ruling:  Plaintiff’s motion to set aside the dismissal of Plaintiff’s Complaint pursuant to Code of Civil Procedure section 473(b) is DENIED as untimely. 

Code of Civil Procedure Section 473(b) provides for mandatory relief from dismissal by vacating the order if made within six (6) months and “is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or excusable neglect.” (Graham v. Beers (1994) 30 Cal.App.4th 1656; Beeman v. Berling (1990) 216 Cal.App.3rd 1586, emphasis added.) 

Here, the order of dismissal was issued on 8-31-21, but the instant motion was not filed until 3-4-22.  Based on the foregoing, the motion is untimely as it was filed beyond the 6-month deadline stated in section 473(b).

Accordingly, the motion is DENIED.