Judge: Lee W. Tsao, Case: 24NWCV02784, Date: 2025-02-13 Tentative Ruling

Case Number: 24NWCV02784    Hearing Date: February 13, 2025    Dept: F

SHAYLER v. BESNILIAN ET AL.

CASE NO.: 24NWCV02784

HEARING:  February 13, 2025 @ 10:30 a.m.

#20

TENTATIVE ORDER

Plaintiff James Shayler’s Motion to Set Aside Dismissal is GRANTED.

Plaintiff to give notice.

Background

This is a disability discrimination action. On August 27, 2024, Plaintiff James Shayler (“Plaintiff”) filed this action against Defendants Hrach Besnilian, as Trustee of the Besnilian Family Trust dated June 21, 2010, Violette Besnilian, as Trustee of the Besnilian Family Trust dated June 21, 2010, and Does 1 to 10.

On September 23, 2024, Plaintiff filed a First Amended Complaint (FAC) naming a new Defendant, Keun T. Rim, as Trustee of the Keun and Judy Rim Trust dated April 2, 1985 (“Defendant Rim”). The FAC alleges causes of action for 1) Violations of the Americans with Disabilities Act and 2) Violations of the Unruh Civil Rights Act.

On October 7, 2024, Plaintiff filed a Request for Dismissal as to only Defendants Hrach Besnilian, as Trustee of the Besnilian Family Trust dated June 21, 2010, Violette Besnilian, as Trustee of the Besnilian Family Trust dated June 21, 2010 (“Besnilian Defendants”).

On October 14, 2024, the Request for Dismissal was entered as to all Defendants and the entire action was dismissed.

Plaintiff now moves to set aside the dismissal of the entire action.

The Motion is unopposed as of February 12, 2025.

Legal Standard

Civil Code of Procedure section § 473, subdivision (d) states the following: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

Discussion

Plaintiff asserts that the entire action was erroneously dismissed. Plaintiff did not intend to dismiss the action as to Defendant Rim.

The Court finds the Request for Dismissal was erroneously entered as to all Defendants. The Request for Dismissal indicates that Plaintiff only requested dismissal as to only the Besnilian Defendants. (Fitzgerald Decl., ¶ 5, Exh. B.) Plaintiff did not check the box to request dismissal of the “entire action of all parties and all causes of action.” (Ibid.) The Court finds the action should not have been dismissed as to Defendant Rim.

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