Judge: Lisa R. Jaskol, Case: 23STCV15726, Date: 2025-05-28 Tentative Ruling
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Case Number: 23STCV15726 Hearing Date: May 28, 2025 Dept: 28
Having considered the moving and opposition papers, the Court rules as follows.
BACKGROUND
On August 8, 2024, Defendant filed an answer.
On January 2, 2025, the Court dismissed the action without prejudice when Plaintiff did not appear for trial.
On January 22, 2025, Plaintiff filed a motion to vacate the dismissal. The motion was set for hearing on March 14, 2025. The Court continued the hearing to May 28, 2025. On April 29, 2025, Defendant filed an untimely opposition.
PARTIES’ REQUESTS
Plaintiff asks the Court to vacate the dismissal of the case.
Defendant asks the Court to deny the motion.
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 asks the Court to vacate the dismissal of the case based on the mandatory relief provision of Code of Civil Procedure section 473, subdivision (b). Plaintiff asserts that his counsel failed to appear at the trial due to counsel’s mistake, inadvertence and neglect. Plaintiff’s counsel has submitted a declaration taking responsibility for the failure to appear for trial.
In
his opposition, Defendant contends that Plaintiff also failed to appear at the
final status conference, failed to respond to discovery requests, and failed
to appear for deposition.
Defendant’s contentions do not refute Plaintiff’s showing under Code of Civil Procedure
section 473, subdivision (b). Because Plaintiff
has satisfied the requirements for mandatory relief under the statute, the Court grants the motion.
The Court orders Plaintiff’s counsel to pay reasonable compensatory legal fees and costs to Defendant or Defendant’s counsel under Code of Civil Procedure section 473, subdivision (b).
CONCLUSION
The Court GRANTS Plaintiff Jonathan Esquivel’s motion to vacate the dismissal entered on January 2, 2025. The Court vacates the dismissal.
The Court orders counsel for Plaintiff Jonathan Esquivel to pay reasonable compensatory legal fees and costs to Defendant Ubaldo Antunez or Defendant Ubaldo Antunez’s counsel under Code of Civil Procedure section 473, subdivision (b).
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.