Judge Latrice A. G. Byrdsong, Case Number: 23STLC01390, Date: 2023-12-14 Tentative Ruling

Judge: Latrice A. G. Byrdsong, Case: 23STLC01390, Date: 2023-12-14 Tentative Ruling

Case Number: 23STLC01390 Hearing Date: January 22, 2024 Dept: 25

Hearing Date: Monday, January 22, 2024

Case Name: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ABBIE L. LILL; EMILY SALINAS; and MIGUEL FUENTES, et al

Case No.: 23STLC01390

Motion: Motion to Vacate Dismissal

Moving Party: Plaintiff State Farm Mutual Automobile Insurance Co.

Responding Party: None

Notice: OK

Tentative Ruling: Plaintiff State Farm Mutual Automobile Insurance’s Motion to Vacate Dismissal is GRANTED.

TRIAL is reset for NOVEMBER 18, 2024 at 8:30 a.m. in Department 25 of the Spring Street Courthouse.

SERVICE:

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

[X] Correct Address (CCP §§ 1013, 1013a) OK

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

OPPOSITION: None filed as of December 01, 2023 [ ] Late [X] None

REPLY: None filed as of December 07, 2023 [ ] Late [X] None

BACKGROUND

On February 24, 2023, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a subrogation action against Defendants Abbie L. Lill (“Lill”), Emily Salinas (“Salinas”), and Miguel Fuentes (“Fuentes”) (collectively “Defendants”) seeking property damages in the amount of $10,010.34.

On June 05, 2023, the Court granted Plaintiff’s request to dismiss Defendant Lill.

On June 07, 2023, Defendant Lill filed her Answer to the complaint.

On August 11, 2023, the Court granted Plaintiff’s request to dismiss Defendants Salinas and Fuentes.

On October 26, 2023, Plaintiff filed the instant Motion to Vacate the Dismissal of Defendant Lill. No Opposition was filed.

MOVING PARTY POSITION

Plaintiff prays for the Court to vacate the dismissal entered for Defendant Lill. Plaintiff argues that it is entitled to mandatory relief under CCP Section 473(b) because the dismissal was caused by Plaintiff’s Counsel’s mistake, inadvertence, or excusable neglect.

OPPOSITION

No opposition has been filed.

REPLY

No reply has been filed.

ANALYSIS

I. Legal Standard

Under Code of Civil Procedure, section 473, subdivision (b), “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.” (Code Civ. Proc., §473(b)). Relief under this section is mandatory when based on an attorney affidavit of fault; otherwise, it is discretionary. (Id.) An application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the moving party’s mistake, inadvertence, surprise, or neglect. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) When relief from default and a default judgment is based on an attorney affidavit of fault, the six-month period starts to run from the date of the entry of the default judgment. (Code Civ. Proc., § 473, sub. (b); Sugasawara v. Newland (1994) 27 Cal.App.4th 294, 295.)

II. Discussion

Plaintiff moves to set aside default judgement under Section 473(b). Plaintiff argues that the dismissal of the wrong defendant was due to its attorney’s mistake, inadvertence, or excusable neglect and thus prays for mandatory relief under Section 473(b).

Here, the Court finds the Motion to be timely. CCP section 473(b) provides that an application for relief must be made no more than six months after entry of the order from which it was sought. Here, Plaintiff’s request to dismiss Abbie Lill was entered on June 05, 2023. (06/05/2023 Request for Dismissal.) Plaintiff filed its motion on October 26, 2023, well within the six-month deadline.

Plaintiff provides the Court with a declaration from its Counsel, Joseph Pleasant. (Joseph Pleasant Decl.) Plaintiff’s counsel avers that he mistakenly caused Defendant Lill to be dismissed by asking another attorney in Counsel’s office, “(…to sign the dismissal and instructing my staff to file it) believing [Defendant Lill] was the driver of rear vehicle. (Id. ¶ 3.) Counsel meant to dismiss Defendants Salinas and Fuentes as Salinas was driving the rear vehicle, not Lill. (Id.) When Counsel was later advised of the mistake, he then caused Salinas and Fuentes to be dismissed “(by asking Susan Benson in my office to sign the dismissal and instructing my staff to file it).” (Id.) When counsel tried to file an amended complaint, he was informed by the clerk that he needed to file a motion to vacate the dismissal of Lill. (Id. ¶ 4.) Thus, based on Counsel’s declaration the Court finds that the error was caused by Plaintiff’s counsel’s mistake, inadvertence, or excusable neglect and therefore entitles Plaintiff to mandatory relief under Section 473(b).

Therefore, since the motion complies with section 473(b), Plaintiff is entitled to mandatory relief.

Accordingly, the Court GRANTS Plaintiff’s motion to vacate dismissal.

III. Conclusion

Plaintiff’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on June 05, 2023, as to Defendant Lill is hereby vacated.

TRIAL is reset for NOVEMBER 18, 2024 at 8:30 a.m. in Department 25 of the Spring Street Courthouse.

Discovery and all other trial related deadlines are to comport with the new trial date.

Parties must comply with the trial requirements as set forth in the court's Third Amended Standing Order for Limited Civil Cases (effective February 24, 2020).

All trial documents are to be electronically filed at least ten (10) days prior to the trial date.

Parties should be prepared to submit a JOINT Trial Readiness Binder / Exhibit Binder, and to personally appear on the date of trial.

Moving Party is ordered to give notice.