Judge: Lee S. Arian, Case: 22STCV12200, Date: 2025-01-30 Tentative Ruling

Case Number: 22STCV12200    Hearing Date: January 30, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 5, 2024, the Court dismissed this action because no Entry of Default or Proof of Service had been filed, and there were no appearances by or for Plaintiff on that date. Plaintiff now moves for mandatory relief under Code of Civil Procedure § 473(b).

“The mandatory relief provision of section 473(b) is a ‘narrow exception to the discretionary relief provision for default judgments and dismissals.’ [Citation.] Its purpose ‘was to alleviate the hardship on parties who lose their day in court due solely to an inexcusable failure to act on the part of their attorneys.’ [Citation.] An application for mandatory relief must be filed within six months of entry of judgment and be in proper form, accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. [Citation.] The defaulting party ‘must submit sufficient evidence that the default was actually caused by the attorney's error. [Citation.] If the prerequisites for the application of the mandatory relief provision of section 473, subdivision (b) exist, the trial court does not have discretion to refuse relief.’” (Henderson v. Pacific Gas & Electric Co. (2010) 187 Cal.App.4th 215, 226.)

Plaintiff’s motion was filed on November 18, 2024, within the six-month period required by statute. The dismissal order falls within the narrow exception for mandatory relief. Plaintiff’s counsel has submitted a sworn declaration attesting to her mistake or neglect. Counsel’s failure to file the Proof of Service and Entry of Default, as well as the failure to appear at the hearing, directly resulted in the dismissal of the case. As all statutory requirements for mandatory relief under section 473(b) have been met, the motion is granted.

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.