Judge: Lee W. Tsao, Case: BC579763, Date: 2023-05-18 Tentative Ruling

Case Number: BC579763    Hearing Date: May 18, 2023    Dept: C

DURAN v. ENSIGN WHITTIER WEST LLC

CASE NO.:  BC579763

HEARING: 05/18/23

#5

TENTATIVE ORDER

Plaintiffs’ Motion Set Aside of Vacate Judgment is DENIED.

Moving Party to give Notice.

No Opposition filed as of May 16, 2023.

On January 24, 2019, this Court granted Defendants’ unopposed Motion for Judgment on the Pleadings (“JOP”) without leave to amend.  In its January 24, 2019 Order, the Court notes that no Oppositions to Defendants’ JOP were filed as of January 23, 2019. Without leave of Court, Plaintiffs filed an untimely Opposition to Defendants’ Motion on June 24, 2019 at 10:53 a.m. (the morning of the hearing, which was scheduled for 1:30 p.m.)  Plaintiffs’ Opposition was due to be filed “at least nine court days… before the hearing.” (CCP §1005(b).) The Court declined to exercise its discretion to consider Plaintiffs’ untimely Opposition filed without leave of Court on the morning of the hearing.

Plaintiffs now move to set aside the resulting Judgment entered on April 30, 2019 under CCP § 473(b), which states that “[t]he court may…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.”

Applications under CCP §473(b) must “be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, or proceeding was taken.” (Id.)

Here, Judgment was entered on April 30, 2019. The instant Motion was filed approximately 4 years later. The Motion is DENIED.