Judge: Lynne M. Hobbs, Case: 21STCV45875, Date: 2023-09-29 Tentative Ruling

Case Number: 21STCV45875    Hearing Date: September 29, 2023    Dept: 30

GABRIELA MARTINEZ GOMEZ vs HILDA NAOMI BRAVO, et al.

Motion to Set Aside/Vacate the Dismissal

Ruling:  Plaintiff’s Motion is GRANTED. Moving party is ordered to give notice.

Discussion:  

The court dismissed Plaintiff’s Complaint on June 15, 2023 pursuant to Code of Civil Procedure section 581, subdivision (b)(3). Plaintiff filed the instant motion on September 6, 2023, within the six-month deadline of the Code of Civ. Proc. section 473(b).

Plaintiff’s counsel testifies that his paralegal mistakenly calendared the trial and thus, he failed to appear for trial on June 15, 2023. (Kupelian Decl., ¶6.) Plaintiff failed to appear due to his counsel’s neglect. Therefore, Plaintiff’s motion is granted. This regularly noticed motion was unopposed.