Judge: Lee W. Tsao, Case: 23NWCV03013, Date: 2024-03-07 Tentative Ruling

Case Number: 23NWCV03013    Hearing Date: March 7, 2024    Dept: C

George Garibay v. Maria Chavez, Case No. 23NWCV03013

This is an unlawful detainer action. Plaintiff George Garibay, a pro per plaintiff, applies for ex parte relief to set aside or vacate the dismissal of the case under Code of Civil Procedure sections 473, subdivision (b); Code of Civil Procedure section 473.5; Civil Code section 1788.61; and the Court’s inherent duty and power. Plaintiff did not appear for trial, and the Court dismissed the case.

The Court will not hear the motion today because it was not brought by noticed motion. A motion to set aside default brought under Code of Civil Procedure section 473.5 must be brought by noticed motion. (Code Civ. Proc., § 473.5, subd. (a).)

The Court denies the motion.