Judge: Lee S. Arian, Case: 20STCV24984, Date: 2024-07-11 Tentative Ruling

Case Number: 20STCV24984    Hearing Date: July 11, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION FOR RELIEF FROM DISMISSAL 

Hearing Date: 7/11/24 

CASE NO./NAME: 20STCV24984 AMY XU vs F4 STARHOUSE INC.

Moving Party: Plaintiff

Responding Party: Unopposed

Notice: Sufficient 

Tentative ruling: Denied

On July 2, 2020, Plaintiff filed the present personal injury case. On December 5, 2023, the court held an Order to Show Cause Re: Dismissal for Plaintiff's Failure to Bring the Case to Trial Within Three Years, Order to Show Cause Re: Failure to File Default Judgment, and a Status Conference Re: Court's Ruling on Default Judgment. Plaintiff’s counsel did not appear and did not communicate with the court regarding the absence. The court dismissed the case with prejudice for failure to prosecute and bring the case to judgment within three years. On June 4, 2024, Plaintiff moved the court to vacate its order dismissing the case.

Plaintiff’s counsel contends that it was counsel’s miscalendaring that led to the non-appearance on behalf of Plaintiff; however, this argument misses the mark. The court’s minute order reflects that the case was dismissed not due to counsel's absence at the OSC but pursuant to CCP §§ 583.410 and 583.420(a)(2)(A), CRC Rule 3.110(g)-(i), and CRC Rule 3.740 for failing to timely prosecute the case and failing to bring the case to judgment within three years. This case was filed on July 2, 2020, more than four years ago, and Plaintiff failed to file a proper default judgment package within that time span.

Furthermore, CCP § 473(b) requires “a copy of the answer or other pleading proposed to be filed therein; otherwise, the application shall not be granted”. No default judgment package was attached to the present motion.

Based on the foregoing analysis, Plaintiff’s motion is denied.

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.