Judge: Lee W. Tsao, Case: 24NWCV00022, Date: 2025-02-20 Tentative Ruling

Case Number: 24NWCV00022    Hearing Date: February 20, 2025    Dept: F

PEREZ v. NGAYAN

CASE NO.:  24NWCV00022

HEARING:  02/20/25

#23

Plaintiff ZHOIE PEREZ’s Motion to Set Aside Dismissal under CCP §473(b) is CONTINUED to Thursday, April 17, 2025 at 10:30 a.m. in Dept. SE-C.

Court Clerk to give notice.

This action was filed by Plaintiff ZHOIE PEREZ (pro per) (“Plaintiff”) against Defendants SANDRA NGAYAN and FRANCISCO ALEJANDRO NGAYAN (collectively “Defendants”) on January 3, 2024.

On March 13, 2024, Plaintiff filed a First Amended Complaint (“FAC”)

On November 21, 2024, Plaintiff’s First Amended Complaint was dismissed without prejudice due to Plaintiff’s failure to appear for the Case Management Conference and OSC Re: Dismissal as to why the case should not be dismissed for Plaintiff’s failure to appear on 5/2/2024. (See 11/21/24 M.O.) 

Plaintiff 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).)

In the interests of justice and in favor of adjudicating this matter on the merits, the Motion is CONTINUED as indicated above due to Plaintiff’s failure to attach a copy of a pleading proposed to be filed therein as required by CCP §473(b). The terms of the code are mandatory; compliance is not optional. Plaintiff is ORDERED to file and serve a Proposed Second Amended Complaint by no later than April 7, 2025.