Judge: Katherine Chilton, Case: 19STLC08164, Date: 2022-08-15 Tentative Ruling

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Case Number: 19STLC08164    Hearing Date: August 15, 2022    Dept: 25

PROCEEDINGS:      MOTION TO SET ASIDE/VACATE ERRONEOUSLY FILED DISMISSAL; ENTER CORRECTED DISMISSAL

MOVING PARTY:   Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY:         None

MOTION TO SET ASIDE/VACATE ERRONEOUSLY FILED DISMISSAL;

ENTER CORRECTED DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff State Farm’s Motion to Set Aside/Vacate Erroneously Filed Dismissal and Enter Corrected Dismissal is CONTINUED TO SEPTEMBER 20, 2022 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.  Plaintiff is ordered to correct the Notice of the Hearing, serve it on Defendants at least 16 court days before the next scheduled hearing and file it with the Court at least 5 court days before the next scheduled hearing.  Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 YES

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 YES

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     YES

OPPOSITION:          None filed as of August 11, 2022                [   ] Late                      [X] None

REPLY:                     None filed as of August 11, 2022                [   ] Late                      [X] None

ANALYSIS:

I.                Background

On September 5, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Defendants Martin Reyes Cortez-Valle (“Reyes”) and Efrain Medina (“Medina”) (collectively “Defendants”) for subrogation, stemming from an automobile accident between Defendant Reyes, on the one hand, and an individual insured by Plaintiff’s automobile insurance policy, on the other hand.  (Compl., p. 2.)  Defendant Medina is “a registered owner, bailee or other person who gained possession and/or control of the vehicle.”  (Ibid.)  Plaintiff compensated Insured for claimed damages in the amount of $8,303.27 and filed the instant claim against Defendant for allegedly causing the damages.  (Ibid. pp. 2-3.)  On November 13, 2019, Defendant Reyes filed an Answer denying all allegations in the Complaint.

No responsive pleadings were filed by Defendant Medina, so on December 23, 2020, Plaintiff filed a Request for Entry of Default/Judgment as to Defendant Medina.  Default was entered on the same day.  (12-23-20 Request.)

On October 18, 2021, counsel for Plaintiff and Defendant Reyes informed the Court that the matter had settled, so trial was placed off calendar.  (10-18-21 Minute Order.)

On December 29, 2021, Plaintiff filed a Request for Dismissal of the entire case; dismissal was entered on January 3, 2022.  (12-29-21 Request for Dismissal.)

On July 12, 2022, Plaintiff filed the instant Motion to Set Aside/Vacate Erroneously Filed Dismissal and Enter Corrected Dismissal (“Motion”). 

No opposition was filed.

II.              Legal Standard

Pursuant to Code of Civil Procedure §473(b), both discretionary and mandatory relief is available to parties when a case is dismissed.  Discretionary relief is available under the statute as “the court may, upon any terms as may be just, relieve a party or his or her legal representative from judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.  (Code of Civ. Proc. § 473(b).)  Alternatively, mandatory relief is available when “accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect.”  (Ibid.)  Under this statute, an application for discretionary or mandatory relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding from which relief is sought.  (Code Civ. Proc., § 473(b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

“‘[W]hen relief under section 473¿is¿available, there is a strong¿public¿policy¿in¿favor¿of granting relief and allowing the requesting party his or her day in court…[Citation.]” (Rappleyea v. Campbell¿(1994) 8 Cal. 4th 975, 981-82.)

III.            Discussion

Plaintiff seeks to set aside dismissal of the entire case on the ground that Plaintiff’s counsel “inadvertently filed a dismissal as to the whole case.”  (Reese Decl. ¶ 6.)  Counsel “signed the dismissal and did not catch the error that [they] did not specify that the dismissal should be as to Defendant Cortez-Valle [Reyes], only.”  (Ibid. at ¶ 7.)

The Court finds that Plaintiff’s motion is untimely, as it was filed more than six months after the entry of dismissal on January 3, 2022.  Thus, the Court cannot set aside the dismissal pursuant to Code of Civil Procedure § 473(b).

“Even where relief is no longer available under statutory provisions, a trial court generally retains the inherent power to vacate a default judgment or order on equitable grounds where a party establishes that the judgment or order was void for lack of due process or resulted from extrinsic fraud or mistake.” (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1228; Bacon v. Bacon (1907) 150 Cal. 477, 491-92; Olivera v. Grace, 122 P.2d 564, 567-68; Stiles v. Wallis (1983) 147 Cal.App.3d 1143, 1147 (“There are four grounds which a court, utilizing its equity capacity may rely upon to provide relief from default.  Those areas are (1) void judgment, (2) extrinsic fraud, (3) constructive service, and (4) extrinsic mistake.”)  In limited civil cases, grounds for equitable relief also include “inadvertence or excusable neglect.”  (Code of Civ. Proc. § 86(b)(3).)

Here, the Court may rely on its equitable powers to grant relief based on Counsel’s inadvertence or excusable neglect, which resulted in the dismissal of the entire case.

However, the Court notes that Plaintiff has served and filed a defective Notice of Hearing that lists Stanley Mosk Courthouse – 111 North Hill Street, Los Angeles, CA 90012 – as the courthouse where the hearing will be held.  (7-12-22 Mot.)  The hearing for the Motion is scheduled to be held at the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  The Court CONTINUES the hearing on the Motion and orders Plaintiff to correct the Notice of Hearing, serve it on Defendants at least 16 court days before the next scheduled hearing and file it with the Court at least 5 days before the next scheduled hearing.

IV.           Conclusion & Order

For the foregoing reasons, Plaintiff State Farm’s Motion to Set Aside/Vacate Erroneously Filed Dismissal and Enter Corrected Dismissal is CONTINUED TO SEPTEMBER 20, 2022 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.  Plaintiff is ordered to correct the Notice of the Hearing, serve it on Defendants at least 16 court days before the next scheduled hearing and file it with the Court at least 5 court days before the next scheduled hearing.  Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.