Judge: Lisa R. Jaskol, Case: BC698706, Date: 2025-01-27 Tentative Ruling

Case Number: BC698706    Hearing Date: January 27, 2025    Dept: 28

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

BACKGROUND 

On March 19, 2018, Plaintiff Lesbia “Nineth” Calderon filed this action against Defendants Primestor CFIC-CG, LLC (“Primestor”), Rosa De Luna, and Does 1-100 for negligence and premises liability. 

On April 11, 2018, Primestor filed an answer. 

On January 17, 2023, Plaintiff filed a notice of settlement. 

On April 5, 2023, Plaintiff’s counsel informed the Court that Plaintiff was refusing to sign the release. 

On June 1, 2023, the Court granted the parties’ stipulated request to extend the statutory five-year period to bring the case to trial from September 19, 2023 to February 12, 2024. 

Also on June 1, 2023, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel. 

On January 12, 2024, Primestor’s counsel informed the Court that Plaintiff did not accept the settlement offer and Primestor withdrew the offer.  At the request of Primestor’s counsel, the Court dismissed the case under Code of Civil Procedure section 583.310. 

On February 1, 2024, Plaintiff filed a notice of appeal.  On May 28, 2024, the Court of Appeal dismissed the appeal.  On August 22, 2024, the Court of Appeal issued the remittitur. 

On December 27, 2024, Plaintiff filed a motion to reopen.  The motion was set for hearing on January 21, 2025.  Primestor has not filed an opposition.  The Court continued the hearing to January 27, 2025. 

DISCUSSION 

Plaintiff’s motion is titled “Motion re: reopen.”  While the text of the motion involves the attorney’s fees request in Plaintiff’s complaint, the Court construes the motion as a request to reopen or reinstate Plaintiff’s action. 

The Court dismissed the case on January 12, 2024 based on the erroneous belief that Plaintiff had not brought the case to trial within the statutory five-year period.  In fact, the parties had previously stipulated to extend the five-year period to February 12, 2024. 

Accordingly, the Court vacates its January 12, 2024 order and reinstates Plaintiff’s case.  However, Plaintiff now has only 31 days – to and including February 27, 2025 – to bring the case to trial. 

CONCLUSION 

The Court GRANTS Plaintiff Lesbia “Nineth” Calderon’s motion to reopen the case.  The Court VACATES the Court’s January 12, 2024 order dismissing the case under Code of Civil Procedure section 583.310. 

The Court sets an order to show cause re: dismissal for February 27, 2025. 

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.