Judge Lee W. Tsao, Case Number: 23NWCV01238, Date: 2024-06-18 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV01238, Date: 2024-06-18 Tentative Ruling

Case Number: 23NWCV01238 Hearing Date: June 18, 2024 Dept: C

Adam L. Greenfield vs Armando Gaytan, et al.

Case No.: 23NWCV01238

Hearing Date: June 18, 2024 @ 10:30 a.m.

Tentative Ruling

Plaintiff Adam Greenfield’s Motion to Set Aside Dismissal is GRANTED.

Plaintiff to give notice.

Plaintiff Adam L. Greenfield (“Plaintiff”) filed this lawsuit on April 27, 2023 against Defendants Armando Gaytan and Reyes Valenzuela (“Defendants”). The operative First Amended Complaint filed on June 8, 2023 alleges intentional interference with contractual relationship, negligent misrepresentation, fraud-misrepresentation, violation of penal code section 496(a).) On August 16, 2023, Plaintiff failed to appear at a case management conference. The Court continued the CMC to November 22, 2023 and issued an OSC re Dismissal. Plaintiff failed to appear again on November 22, 2023, and the case was dismissed.

Plaintiff moves to set aside and vacate the Court’s November 22, 2023 dismissal under CCP § 473, subd. (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, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (CCP § 473, subd. (b).)

Plaintiff’s motion is timely because it was filed on December 6, 2024, well within six months of the dismissal entered on November 22, 2023.

Plaintiff states that he was unable to find an attorney to represent him. He failed to appear at the CMC because he thought the CMC was scheduled for January 30, 2024. (Greenfield Decl., ¶¶ 2-3.) The motion is unopposed.

Accordingly, Plaintiff’s Motion to Set Aside Dismissal is GRANTED.