Judge: Lee S. Arian, Case: 22STCV38316, Date: 2024-08-08 Tentative Ruling

Case Number: 22STCV38316    Hearing Date: August 8, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO VACATE  

Hearing Date: 8/8/2024 at 1:30 p.m.  

CASE NO./NAME: 22STCV38316 YERVAND ISKOYAN vs YARIS SANCHEZ RODRIGUEZ et al.

Moving Party: Plaintiff

Responding Party: Unopposed  

Notice: Sufficient  

Ruling: MOTION TO VACATE IS GRANTED

On December 8, 2022, Plaintiff filed the present action. No answer has been filed; however, Plaintiff's counsel represents that the insurance carrier for the Defendant seeks to evaluate and potentially settle the claim once the dismissal is set aside. On May 23, 2024, Plaintiff did not attend the Final Status Conference (FSC), nor the trial on June 6, 2024. Plaintiff’s counsel filed a declaration stating that the reason for Plaintiff's non-attendance at both the FSC and trial was due to counsel’s calendaring error or mistake, and requests mandatory relief.

Plaintiff’s motion is granted as it was filed on July 1, 2024, less than six months from the dismissal entered on June 6, 2024. The court order in question is a dismissal of the action, which is appropriate for mandatory relief. Additionally, Plaintiff’s counsel filed a declaration attesting to his mistake, inadvertence, or negligence. All requirements for mandatory relief have been met.

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 without leave.