Judge: Kimberly Knill, Case: "MSInternational,Inc.vs.D&DHotelDevelopment,Inc.30-2020-01173852-CU-BC-CJC", Date: 2023-05-19 Tentative Ruling

Plaintiff’s Motion to Set Aside Dismissal

The Motion to Set Aside Dismissal of Plaintiff M S International, Inc. is GRANTED, pursuant to Code of Civil Procedure section 473, subdivision (b).

The instant motion was timely filed one month after entry of the order of dismissal. (See ROA 33, 39; see also Code Civ. Proc., § 473, subd. (b).) To support this motion, Plaintiff offered the declaration of its counsel, D. Jay Ritt. After acknowledging defense counsel was relieved on 10/14/2022, Plaintiff’s counsel states: “At the time of the Order, Defendant had a deadline for responding to Plaintiff’s discovery. There was also a trial date in this matter set for December 5, 2022. Defendant, a corporate entity, never obtained new counsel. As a result, Plaintiff assumed that it would not be receiving answers to its discovery requests – which it did not – and assumed, incorrectly, that the trial date would be moot.” (¶5 of Ritt Declaration.)

Plaintiff has not demonstrated excusable error.  However, the Court finds counsel’s declaration is sufficient to invoke mandatory relief.  (Code Civ. Proc., § 473, subd. (b); see  (Younessi v. Woolf (2016) 244 Cal.App.4th 1137, 1147 [mandatory relief provision broader in scope insofar as it is available for inexcusable neglect].) 

Defendant is ordered to substitute counsel into the case to represent it within 30 days.  Failure to substitute counsel into the case will result in Defendant’s Answer being stricken by the Court.

Status Conference re defense counsel substitution scheduled for 7/6/2023 at 1:30 PM.

Plaintiff to give notice.