Judge: Jon R. Takasugi, Case: 21STCV08662, Date: 2024-07-16 Tentative Ruling

Case Number: 21STCV08662    Hearing Date: July 16, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motion to vacate is DENIED.

On 3/4/2021, Plaintiff Carlos Woods (Plaintiff) filed suit against Los Angeles Community Colleges District (Defendant). On 2/13/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) defamation; (2) violation of due process; (3) wrongful termination; (4) racial discrimination; and (5) failure to take all reasonable steps to prevent discrimination.

            On 9/15/2023, Defendant’s unopposed motion for summary judgment was granted.

            Now, Plaintiff moves to set aside the judgment and vacate dismissal.

Discussion

            Plaintiff seeks to set aside the entry of judgment against him, pursuant to CCP section 473(b).

Code of Civil Procedure (CCP) section 473, subdivision (b) provides:

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. 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.

The mandatory relief provision of Code of Civil Procedure section 473 subs. (b) provides, in part: 

Notwithstanding any other requirements of this section, the 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 (1) resulting default entered by the clerk..., or (2) resulting default judgment or dismissal entered.... 

            Here, judgment was entered on 9/15/2023. As such, six months from the entry of judgment was 3/15/2024. Plaintiff did not move to set aside until 4/3/2024. Plaintiff’s motion makes no mention of the fact that Plaintiff does not qualify for the relief granted  by section 473(b). Furthermore, the mandatory provision of section 473(b) expressly states that it only applies to applications for relief “is made no more than six months after entry of judgment.”

            Plaintiff did not set forth any evidence to show that he is entitled to relief on any other basis. Moreover, and importantly, Plaintiff’s motion was not accompanied by a proposed opposition to the motion for summary judgment. As such, Plaintiff’s motion was not accompanied by a proposed filing.

            Taken together, Plaintiff failed to oppose a motion for summary judgment, moved after six months to set aside the judgment, and failed to file any responsive filing to the very motion that resulted in dismissal.

            Based on the foregoing, Plaintiff’s motion to vacate is denied.

It is so ordered.

Dated:  July    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.