Judge: Marcella O. Mclaughlin, Case: 37-2023-00015020-CU-PO-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00015020-CU-PO-CTL HABASH VS COSTCO WHOLESALE CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside Dismissal, 12/14/2023

The unopposed motion to set aside the dismissal is GRANTED.

'[T[he 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...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.' Code Civ. Proc. § 473(b). '[A]ny doubts in applying section 473 must be resolved in favor of the party seeking relief.' Mink v. Superior Court (1992) 2 Cal.App.4th 1338, 1344.

In this case, plaintiff's counsel has submitted a declaration attesting to his mistake and/or neglect in failing to attend the OSC on November 30, 2023. (Demirjian Decl., ¶ 6.) Accordingly, the dismissal entered on November 30, 2023 (ROA 21) is hereby set aside and the case is returned to the court's active list.

The court sets a CMC in this matter for March 8, 2024 at 9:45 a.m. in Dept. 72.

Calendar No.: Event ID:  TENTATIVE RULINGS

3059916  29