Judge: Lee S. Arian, Case: 21STCV39123, Date: 2024-12-06 Tentative Ruling

Case Number: 21STCV39123    Hearing Date: December 6, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO VACATE 

Hearing Date: 12/6/24 

CASE NO./NAME: 21STCV39123 GUSTAVO PINA REYNAGA vs HELEN M. LIN, et al.

Moving Party: Plaintiff

Responding Party: Unopposed

Notice: Insufficient 

Ruling: DENIED WITHOUT PREJUDICE 

On October 22, 2021, Plaintiff, proceeding pro per, filed the present action against various Defendants represented by counsel Fred Smith. On July 19, 2024, Plaintiff failed to appear for trial, and the Court dismissed the action pursuant to Code of Civil Procedure section 581(b)(3), which permits dismissal "when no party appears for trial following 30 days' notice of the time and place of trial."

On November 8, 2024, Plaintiff filed a motion to vacate the dismissal. However, no proof of service was filed, leaving the Court uncertain whether Defendants had an opportunity to oppose the motion. Accordingly, the motion is denied without prejudice.

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.