Judge: Lee S. Arian, Case: 20STCV05486, Date: 2024-12-05 Tentative Ruling

Case Number: 20STCV05486    Hearing Date: December 5, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO VACATE

Hearing Date: 12/5/24¿ 

CASE NO./NAME: 20STCV05486 DENISE DUPLESSIS vs JOSHUA REEVES

Moving Party: Plaintiff

Responding Party: Unopposed

Notice: Sufficient

Ruling: GRANTED

On July 25, 2024, the Court issued an order requiring Plaintiff to file a default judgment or a declaration at least five days before the next court date. The order stated that failure to do so would result in dismissal pursuant to Code of Civil Procedure §§ 581(g), 583.410 and California Rules of Court, rule 3.110(g).

On September 4, 2024, the Court noted that no default judgment or declaration was filed as requested in the minute order dated 7/25/24 and dismissed the case. Plaintiff now moves the court to set aside/vacate the dismissal pursuant to CCP 473.

Plaintiff filed the present motion on November 4, 2024, within the 60-day period for a motion to vacate under Code of Civil Procedure § 473(b).

Second, Plaintiff contends that he complied with the Court’s July 25, 2024, order by filing a request prior to the hearing, in which he sought a continuance of 60–90 days to file a default judgment, citing the need to await necessary documentation from the bank to complete the filing.  Plaintiff did, in fact, file a written request for a continuance 5 days prior to the September 5, 2024, hearing as requested by the court. This request demonstrates Plaintiff’s intent to comply with the Court's order and informed the Court of the circumstances necessitating an extension. Although the Court specifically requested a declaration, Plaintiff’s written request, while not formally titled as a declaration, effectively served the same purpose by providing the necessary information regarding the reasons for the delay and Plaintiff’s ongoing efforts to file the default judgment.

Given that Plaintiff acted within 60 days and that the dismissal arose from a technical mislabeling of the document rather than willful or negligent disobedience of the Court’s order, the Court grants the motion.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept27@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.