Judge: Lisa R. Jaskol, Case: 22STCV30492, Date: 2023-11-13 Tentative Ruling

Case Number: 22STCV30492    Hearing Date: November 13, 2023    Dept: 28

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

BACKGROUND 

On September 19, 2022, Plaintiff Gayane Pogosyan (“Plaintiff”) filed this action against Defendants City of Glendale (“City”), County of Los Angeles (“County”), Lida Babai, and Does 1-100 for dangerous condition of public property, premises liability, and general negligence. 

On October 18, 2022, the County filed an answer.  On October 19, 2022, the City filed an answer. 

On December 23, 2022, Plaintiff amended the complaint by substituting Kong Tae H and Sangsun TRS: Kong Family Trust (“Trust”) for Defendant Lida Babai.  

On January 12, 2023, the Court dismissed Defendant Lida Babi without prejudice at Plaintiff’s request. 

On February 9, 2023, the Court dismissed the complaint with prejudice at Plaintiff’s request. 

On May 25, 2023, the Court granted Plaintiff’s motion to vacate the dismissal.  In the order, the Court stated that the January 12, 2023 order dismissing Defendant Lida Babi had the effect of dismissing the Trust due to the December 23, 2022 amendment. 

On June 5, 2023, the Court dismissed the County without prejudice at Plaintiff's request. 

On June 21, 2023, Plaintiff filed a motion to vacate dismissal to be heard on November 13, 2023.  No opposition has been filed. 

PARTY’S REQUEST 

Plaintiff requests that the Court vacate the January 12, 2023 order of 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 mistakenly dismissed the Trust.  The motion is timely.  Therefore, the Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiff Gayane Pogosyan’s motion to vacate the January 12, 2023 order dismissing Lida Babi.  The Court vacates the January 12, 2023 order of dismissal.  The Court also vacates the portion of the May 25, 2023, order stating that the January 12, 2023 order dismissing Defendant Lida Babi had the effect of dismissing the Kong Tae H and Sangsun TRS: Kong Family Trust due to the December 23, 2022 amendment.  The Court therefore vacates the dismissal of Plaintiff's claims against the Trust.

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.