Judge: Kerry Bensinger, Case: BC720541, Date: 2023-01-09 Tentative Ruling

Case Number: BC720541    Hearing Date: January 9, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

JESUS SANCHEZ, et al.,

                   Plaintiff(s),

          vs.

 

JEUNG LEE,

 

                   Defendant(s).

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     CASE NO.:  BC720541

 

[TENTATIVE] ORDER RE: PLAINTIFF JESUS SANCHEZ’S MOTION TO SET ASIDE DISMISSAL

 

Dept. 27

1:30 p.m.

January 9, 2023

 

On September 6, 2018, plaintiffs Jesus Sanchez (“Plaintiff”) and Sergio Sanchez filed this action against defendant Jeung Lee (“Defendant”) arising from a motor vehicle accident. 

On August 24, 2022, Plaintiff filed this motion to set aside the Court’s August 19, 2021, order granting Defendant’s motion for terminating sanctions.  The Court granted Defendant’s request for terminating sanctions after Plaintiff failed to serve discovery responses or pay sanctions as ordered.  Plaintiff seeks relief under Code of Civil Procedure section 473(b) and argues that the dismissal was void because it was based on external fraud or mistake.

As an initial matter, relief under Code of Civil Procedure section 473(b) is unavailable because this motion was made more than six months after the dismissal was ordered.  (Code Civ. Proc., § 473(b) [motion for relief must be made within a reasonable time, in no case exceeding six months].) 

Plaintiff also fails to show any extrinsic fraud or mistake which would justify relief.  Plaintiff claims he believed that he was represented by counsel and that his counsel made multiple representations to him that the case was progressing.  (Sanchez Decl., ¶¶ 4-5.)  He does not state when he became aware that this lawsuit was dismissed or when his attorney made any representations to him about his case.  To the extent that Plaintiff has any grievances about the manner in which his case was handled, they should be directed towards his attorney.  The Court notes that Plaintiff also claims that his attorney filed a motion to be relieved, but this is inaccurate.  The motion is only directed towards Sergio Sanchez, not him (Jesus Sanchez).] 

In light of the foregoing, Plaintiff’s motion to set aside the Court’s dismissal for his action is DENIED.

 

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.