Judge: Lindsey E. Martinez, Case: 2020-01167208, Date: 2022-07-25 Tentative Ruling

No. 6: Le v. Mai

Motion No. 1: Plaintiff’s unopposed motion to set aside the dismissal entered on October 25, 2021 is granted. 

Motion No. 2:  Defendant’s unopposed motion to set aside the dismissal entered on October 25, 2021 is granted. 

Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.”  Code Civ. Proc. § 473(b) permits a court to grant two types of relief.  (Leader v. Health Industries of Am., Inc., 89 Cal. App. 4^th 603, 615 (2001).)  A court may grant discretionary relief upon the moving party’s showing of mistake, inadvertence, surprise or excusable neglect.  (Id. at 615-616.)  A court must grant mandatory relief upon a showing by an attorney declaration of mistake, inadvertence, surprise or neglect. (Id. at 616.)

Here, Plaintiff’s counsel has made a showing of mistake or inadvertence sufficient to warrant mandatory relief.  Counsel did not receive notice of the September 7, 2021 and October 25, 2021 status conferences and thus did not appear at those hearings.  (Creed Declaration.)  Accordingly, the motions are granted and the dismissal is vacated.

Plaintiff to give notice.