SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

On October 3, 2023, a default was entered against Defendant MAMA POR DIOS. After the default entry, Defendant contacted Plaintiff’s counsel to engage in settlement negotiations. Believing that a settlement had been reached, Plaintiff’s counsel did not proceed with filing the necessary documents for a Default Judgment. As a result, a dismissal was entered in this action on October 24, 2024, due to Plaintiff’s counsel’s failure to file the Default Judgment in a timely manner. Plaintiff now moves the court for mandatory relief. 

“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.)¿ 

All the requirements for mandatory relief have been met. First, the order is a dismissal, which qualifies under the narrow exception for mandatory relief. Second, the motion was filed within six months of the dismissal. Third, Plaintiff’s counsel submitted a declaration attesting to his mistake or negligence. Fourth, the Court dismissed the case because no Declaration or Default Judgment was filed as to Defendant Mama Por Dios. Plaintiff’s counsel stated that the failure to file a declaration was due to his mistaken belief that it was unnecessary, as he assumed the parties had reached a settlement and therefore the dismissal was a result of counsel's negligence. 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.¿ 

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__________________________¿ 

Hon. Lee S. Arian¿¿ 

Judge of the Superior Court¿