Judge: Katherine Chilton, Case: 19STLC08164, Date: 2022-09-20 Tentative Ruling

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Case Number: 19STLC08164    Hearing Date: September 20, 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 PLACED OFF CALENDAR.

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 September 19, 2022                      [   ] Late                      [X] None

REPLY:                     None filed as of September 19, 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, the parties 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”).  At the hearing on the Motion on August 15, 2022, the Court noted that Plaintiff had served and filed a defective Notice of Motion that contained the wrong address for the courthouse where the hearing was being held.  (8-15-22 Minute Order.)  The Court continued the hearing to allow Plaintiff an opportunity to serve and file a corrected Notice of Motion prior to the next hearing date.

To date, no additional documents have been filed in the case.

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, only.”  (Ibid. at ¶ 7.)

On August 15, 2022, the Court noted that the motion was not timely, as it was filed more than six months after the entry of dismissal on January 3, 2022.  (8-15-22 Minute Order.)  Although the Court could not set aside the dismissal pursuant to Code of Civil Procedure § 473(b), it could grant relief based on Counsel’s inadvertence or excusable neglect by relying on its equitable powers.  (Ibid., see Code of Civ. Proc. § 86(b)(3).)

However, the Court did not rule on the Motion because it found that Plaintiff has served and filed a defective Notice of Hearing that listed the Stanley Mosk Courthouse – 111 North Hill Street, Los Angeles, CA 90012 – as the courthouse where the hearing was being held.  (Ibid.)  The Court continued the hearing and ordered 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.  (Ibid.)

To date, no additional documents have been filed.  Accordingly, Plaintiff’s Motion is placed off calendar.

IV.           Conclusion & Order

For the foregoing reasons, Plaintiff State Farm’s Motion to Set Aside/Vacate Erroneously Filed Dismissal and Enter Corrected Dismissal is PLACED OFF CALENDAR.

Moving party is ordered to give notice.