Judge: Lee S. Arian, Case: 22STCV20777, Date: 2025-03-28 Tentative Ruling

Case Number: 22STCV20777    Hearing Date: March 28, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 29, 2024, during a hearing on the Order to Show Cause Re: Dismissal for Failure to File Proof of Service, the Court dismissed the Plaintiff’s First Amended Complaint against Defendant Legions Protective Services, Inc. because Plaintiff failed to file the proof of service before the hearing. Plaintiff now seeks mandatory relief from the dismissal.

“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.’” [Citation.]” (Henderson v. Pacific Gas & Electric Co.¿(2010) 187 Cal.App.4th 215, 226.) 

Here, Plaintiff has satisfied all requirements for mandatory relief. First, Plaintiff filed the motion on February 26, 2025, within six months of the August 29, 2024 dismissal. Second, the dismissal falls within the “narrow exception” to discretionary relief under section 473(b). Third, Plaintiff’s counsel submitted an affidavit attesting to his mistake in failing to file the proof of service. Fourth, Plaintiff’s failure to file the proof of service caused the Court to dismiss the FAC against Defendant. Fifth, Plaintiff has submitted a proof of service showing that Legions Protective Services, Inc. was served via substituted service. (Motion at Exh. A.) Accordingly, 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.