Judge: Lee S. Arian, Case: 21STCV43557, Date: 2025-02-26 Tentative Ruling


Case Number: 21STCV43557    Hearing Date: February 26, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

OLGA ARANDA,

            Plaintiff,

            vs.

 

OSTCO WHOLESALE CORPORATION, et al.

 

            Defendants.

 

 

 

)

)

)

)

)

)

)

)

)

)

)
)
)

)

)

)

 

    CASE NO.: 21STCV43557

 

[TENTATIVE RULING] MOTION TO VACATE IS DENIED

 

Dept. 27

1:30 p.m.

February 26, 2025

 

On November 29, 2021, Plaintiff filed this case. On May 30, 2023, the Court dismissed the case, citing that "[t]here are no appearances made by or on behalf of Plaintiff and no communication with the Court as to the reason for not appearing this date and at the Final Status Conference on May 3, 2023." On October 5, 2023, Plaintiff filed a motion to set aside the dismissal. The Court heard the motion on November 7, 2023, and denied Plaintiff’s application.

On January 14, 2025, Plaintiff filed a new motion to vacate pursuant to Code of Civil Procedure section 473(b). Plaintiff acknowledges that the present motion was filed more than six months after the dismissal but argues that because the original motion was timely, the present motion is also timely. However, Plaintiff has not provided any legal authority supporting this proposition.

Although California courts favor resolving cases on their merits, this policy primarily applies within the six-month statutory period under section 473(b). Equitable relief beyond that timeframe is strictly limited to extraordinary cases, reflecting a strong policy favoring the finality of judgments. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 982.) If Plaintiff’s argument—that Plaintiff has an open-ended deadline to file a motion to vacate as long as the original motion was timely—were accepted, it would contravene the policy of finality. Accordingly, the motion was filed beyond the statutory deadline and is therefore denied.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

 

 

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court