Judge: Lisa R. Jaskol, Case: 22STCV13624, Date: 2024-05-15 Tentative Ruling

Case Number: 22STCV13624    Hearing Date: May 15, 2024    Dept: 28

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

BACKGROUND 

On April 25, 2022, Plaintiff Xavier Munoz Negreros (“Plaintiff”) filed this action against Defendants Abdullah Hassan (“Hassan”), Ariell Ilunga (“Ilunga”), and Does 1-50 for strict liability: dog attack. 

On October 23, 2023, the Court dismissed the action without prejudice when Plaintiff did not appear for trial. 

On February 16, 2024, Plaintiff filed a motion to set aside the dismissal to be heard on May 15, 2024. 

PARTY’S REQUEST 

Plaintiff asks the Court to set aside the dismissal. 

LEGAL STANDARD 

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

“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. . . .” 

(Code Civ. Proc., § 473, subd. (b).) 

DISCUSSION 

Citing an attorney departure and a technology malfunction, Plaintiff seeks an order setting aside the October 23, 2023 dismissal under the discretionary relief provision of Code of Civil Procedure section 473, subdivision (b). 

The Court finds that the dismissal was the result of mistake, inadvertence, surprise, or excusable neglect.  The Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiff Xavier Munoz Negreros’s motion for relief from the October 23, 2023 dismissal.  The Court vacates the dismissal. 

The Court sets an OSC Re: Failure to File Proof of Service of Summons and Complaint on July 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.