Judge: Lisa R. Jaskol, Case: 22STCV14549, Date: 2025-01-28 Tentative Ruling
Case Number: 22STCV14549 Hearing Date: January 28, 2025 Dept: 28
Having considered the moving and reply papers, the Court rules as follows.
BACKGROUND
On October 30, 2023, Plaintiff filed a proof of personal service of the summons, complaint, and civil case cover sheet on Defendant on July 19, 2023.
On February 8, 2024, the clerk entered Defendant’s default.
On October 1, 2024, the Court dismissed the case without prejudice.
On November 15, 2024, Plaintiff filed a motion to vacate the dismissal. The motion was set for hearing on December 10, 2024. On November 18, 2024, Plaintiff filed another motion to vacate the dismissal, also set for hearing on December 10, 2024. On December 9, 2024, Plaintiff filed a reply. On December 10, 2024, Plaintiff filed two more replies. The Court continued the hearing to January 28, 2025.
PARTY’S REQUEST
Plaintiff asks the Court to vacate the dismissal of his case.
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
Plaintiff, who is representing himself, states that he did not file an application for default judgment by October 1, 2024 due to medical issues. As a result, the Court dismissed the case.
The Court grants the motion and vacates the dismissal.
CONCLUSION
The
Court GRANTS the motion of Plaintiff Jose
Angel Manaiza Jr. to vacate the Court’s October 1, 2024 order dismissing his
case.
The Court sets an order to show cause re: failure to enter default judgment for March 27, 2025 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.