Judge: Lisa R. Jaskol, Case: 21STCV32154, Date: 2023-12-12 Tentative Ruling

Case Number: 21STCV32154    Hearing Date: December 12, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On August 31, 2021, Plaintiff Emanuel Earl Brumfield (“Plaintiff”) filed this action against Defendants Zhaneta Grigoryan, Petros Arkosyan, and Does 1-50 for motor vehicle tort and general negligence. 

On February 28, 2023, the Court dismissed the action without prejudice. 

On July 7, 2023, Plaintiff filed a motion for relief from dismissal to be heard on December 12, 2023. 

PARTY’S REQUEST 

Plaintiff requests that the Court vacate the dismissal. 

LEGAL STANDARD 

          Code of Civil Procedure section 473, subdivision (b), provides in part: 

“Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. However, this section shall not lengthen the time within which an action shall be brought to trial pursuant to Section 583.310.”

(Code Civ. Proc., § 473, subd. (b).) 

DISCUSSION 

Plaintiff’s counsel has submitted a declaration stating that counsel did not appear at the final status conference or trial because counsel incorrectly calendared the dates.  The motion is timely. 

The Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiff Emanuel Earl Brumfield’s motion to vacate the February 28, 2023 order dismissing the case. 

The Court sets an OSC re: dismissal for failure to file proof of service of summons on January 11, 2024 at 08:30 AM in Department 28 at Spring Street Courthouse. 

Moving party is ordered to give notice of this ruling. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.