Judge: Lynne M. Hobbs, Case: 19STCV07790, Date: 2023-08-28 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 19STCV07790    Hearing Date: August 28, 2023    Dept: 30

MIDWEST EMPLOYERS CA. CO. vs  ALTA INTERIORS DF INC.

Re:  Motion to Vacate Dismissal

Ruling:  The motion to vacate the dismissal is denied.  The July 13, 2022 Minute Order is clarified to reflect that the dismissal was without prejudice.  Moving party to give notice.

Discussion:  The January 12, 2022 Minute Order gives notice of the Court's intention to impose the terminating sanction of dismissal at the continued OSC.  The arguments concerning CCP 583.420(a)(2)(A) are unavailing. In the January 12, 2022 Minute Order, the Court gave a detailed analysis of the status of the case and then issued directives which were not followed.  The Court on July 13, 2022 took the noticed action when Counsel failed to appear nor file any of the requested pleadings. The Court finds no mandatory or discretionary grounds of relief have been shown, and thus, the motion is denied.