Judge: Lisa R. Jaskol, Case: 21STCV36551, Date: 2024-08-15 Tentative Ruling
Case Number: 21STCV36551 Hearing Date: August 15, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On December 21, 2023, the Court dismissed the case without prejudice.
On June 17, 2024, Plaintiff filed a motion to vacate the dismissal. The motion was set for hearing on August 15, 2024.
PARTY’S REQUEST
Plaintiff asks the Court to 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 has filed a timely motion and submitted an attorney’s sworn affidavit attesting to his mistake, inadvertence, surprise, or neglect. The Court therefore grants the motion and vacates the December 21, 2023 order dismissing the case.
CONCLUSION
The Court GRANTS Plaintiff Jeffrey Goodman’s motion to vacate the dismissal. The Court vacates the dismissal entered on December 21, 2023.
The Court sets an OSC Re: Filing of Proof of Service for September 12, 2024, at 8:30 a.m., in Department 28 of the 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.