Judge: Lisa R. Jaskol, Case: 22STCV07089, Date: 2023-12-04 Tentative Ruling

Case Number: 22STCV07089    Hearing Date: December 4, 2023    Dept: 28

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

BACKGROUND 

On February 25, 2022, Plaintiff Barry Henderson (“Plaintiff”) filed this action against Defendants Vincent James Stone, EAN Holdings, LLC, EAN Services, LLC, Enterprise Holdings, Inc., and Does 1-50 for motor vehicle tort and general negligence. 

On August 25, 2023, the Court dismissed the action without prejudice. 

On September 25, 2023, Plaintiff filed a motion to vacate dismissal to be heard on December 4, 2023.  No opposition has been filed. 

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 Barry Henderson’s motion to vacate the September 25, 2023 order dismissing the case. 

The Court sets a Trial Setting Conference on December 26, 2023 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.