Judge: Lee W. Tsao, Case: 22NWCV01767, Date: 2023-11-16 Tentative Ruling

Case Number: 22NWCV01767    Hearing Date: December 28, 2023    Dept: C

SOTO LOGISTICS LEASING, LLC v. LEE

CASE NO.:  22NWCV01767

HEARING: 12/28/23

#7

Plaintiff’s Motion to Set Aside Dismissal is DENIED.

Defendants to give Notice.

On April 17, 2023, Plaintiff’s Complaint was dismissed with prejudice. Plaintiff now moves to set aside the dismissal under CCP §473(b).

“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted….” (emphasis added.) (CCP §473(b).)

On June 28, 2023 Plaintiff filed its Motion to Set Aside Dismissal without an amended complaint or other pleading.  On November 16, 2023, the court continued this matter to today’s date and ordered Plaintiff to re-file and re-serve an Amended Motion to Set Aside Dismissal accompanied by an Amended Complaint or other pleading.  The Amended Moving Papers, Opposition, and Reply papers were to be filed and served per Code in accordance with the new hearing date. 

As of December 26, 2023, no Amended Motion, amended complaint or other pleading have been filed or lodged with this Court.  The terms of CCP §473(b) are mandatory, compliance is not optional.

Accordingly, the Motion is DENIED.