Judge: Mark E. Windham, Case: 22STLC03039, Date: 2023-03-28 Tentative Ruling

Case Number: 22STLC03039    Hearing Date: March 28, 2023    Dept: 26

State Farm v. Tomblin Asset Management, Inc., et al.

MOTION TO VACATE DISMISSAL
(CCP § 473(b))

TENTATIVE RULING:

Plaintiff State Farm General Insurance Company’s Motion to Vacate Dismissal is DENIED.

ANALYSIS:

Plaintiff State Farm General Insurance Company (“Plaintiff”) filed this action for automobile subrogation against Defendant Tomblin Asset Management, Inc. (“Defendant”), on May 3, 2022. Plaintiff filed a request to dismiss Defendant on October 3, 2022, which was entered on the same day.

Plaintiff filed the instant Motion to Vacate Dismissal on January 13, 2023. The Motion came for hearing on February 14, 2023 and was continued to allow Plaintiff to file further briefing demonstrating a legal basis to vacate the dismissal. (Minute Order, 02/14/23.) Plaintiff was warned that failure to file further briefing by March 14, 2023 might result in the Motion being denied. To date, Plaintiff has not filed further briefing, nor has any opposition to the Motion been filed.

Conclusion

Therefore, Plaintiff State Farm General Insurance Company’s Motion to Vacate Dismissal is DENIED.

Moving party to give notice.