Judge: Mark E. Windham, Case: 19STLC08079, Date: 2023-12-11 Tentative Ruling

Case Number: 19STLC08079    Hearing Date: December 11, 2023    Dept: 26

State Farm v. Grossi, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JULY 24, 2023 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: DISMISSAL IS SET FOR JANUARY 22, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On September 3, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Ashley Amanda Grossi (“Defendant”). Defendant filed an answer on October 28, 2019. On February 19, 2021, Plaintiff filed a Notice of Settlement and the Court subsequently set an Order to Show Cause Re: Dismissal. The Order to Show Cause was continued multiple times until July 24, 2023, at which time Plaintiff failed to appear. (Minute Order, 07/24/23.) The Court dismissed the action without prejudice that day. (Ibid.)

Plaintiff filed the instant Motion to Vacate Dismissal on October 3, 2023. No opposition to the Motion has been filed to date.

Discussion

The motion is brought pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the moving party’s mistake, inadvertence, surprise or neglect. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) When based on attorney fault with respect to entry of default, default judgment, or involuntary dismissal, a timely request for relief must be granted. (Code Civ. Proc., § 473, subd. (b).) When brought pursuant to the provision for discretionary relief based on party fault, the request must have been filed within a reasonable amount of time.

The motion was timely filed within six months of dismissal of the action and is supported by an affidavit of attorney fault. Plaintiff’s counsel declares that they inadvertently did not receive notice of the continued Order to Show Cause date. (Motion, Shapiro Decl., ¶¶11-12.) Therefore, the case must be reinstated under Code of Civil Procedure section 473, subdivision (b).

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JULY 24, 2023 IS HEREBY VACATED.

ORDER TO SHOW CAUSE RE: DISMISSAL IS SET FOR JANUARY 22, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.