Judge: Lynne M. Hobbs, Case: 22STCV07116, Date: 2023-10-02 Tentative Ruling

Case Number: 22STCV07116    Hearing Date: October 2, 2023    Dept: 30

MARTHA REYES vs ALVARO ALVAREZ, et al.

Motion to Set Aside / Vacate the Dismissal

Ruling:  The Motion to Set Aside / Vacate the Dismissal is GRANTED.  Moving party to give notice.

Discussion:  

Plaintiff’s counsel failed to schedule the final status conference and non-jury trial hearing in his office's calendar, and therefore was unaware of the date and did not appear. (Merlin Decl. ¶ ¶ 7-9.) On August 31, 2023, Plaintiff’s counsel learned that the Court had dismissed the action without prejudice on August 28, 2023 because there were no appearances at trial by either side. (Merlin Decl. ¶ 4.) As Plaintiff’s attorney asserted in declaration that his inadvertence and mistake caused the dismissal to be entered, the Court grants the motion.