Judge: Lisa R. Jaskol, Case: 22STCV03272, Date: 2024-05-02 Tentative Ruling

Case Number: 22STCV03272    Hearing Date: May 2, 2024    Dept: 28

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

BACKGROUND 

On January 26, 2022, Plaintiff Jayden Hernandez (“Plaintiff”), a minor by and through his guardian ad litem Cesar Hernandez, filed this action against Defendants Juan C. Antillon (“Antillon”), City of Chino (“City”), and Does 1-100 for motor vehicle tort and general negligence. 

On January 31, 2022, the Court appointed Cesar Hernandez to serve as Plaintiff’s guardian ad litem. 

On July 26, 2023, the Court dismissed the action without prejudice.  The clerk served the order on Plaintiff’s counsel by mail the same day. 

On January 29, 2024, Plaintiff filed a motion for relief from dismissal to be heard on May 2, 2024. 

No trial date is currently scheduled. 

PARTY’S REQUEST 

Plaintiff asks the Court for relief from 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 

Citing attorney fault, Plaintiff seeks an order vacating the July 26, 2023 dismissal under the mandatory relief provision of Code of Civil Procedure section 473, subdivision (b). 

Plaintiff’s counsel has submitted a declaration stating that he inadvertently failed to attend the July 26, 2023 trial date because of a calendaring error. 

The dismissal was the result of attorney mistake.  The Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiff Jayden Hernandez’s motion for relief from the July 26, 2023 dismissal.  The Court vacates the dismissal. 

The Court sets a OSC Re: Failure to File Proof of Service of Summons and Complaint on June 3, 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.