Judge: Mark E. Windham, Case: 22STLC06204, Date: 2023-03-29 Tentative Ruling

Case Number: 22STLC06204    Hearing Date: March 29, 2023    Dept: 26

 

 

California Casualty Indemnity Exchange v. Perez, et al.

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


TENTATIVE RULING:

 

Plaintiff California Casualty Indemnity Exchange’s Motion to Vacate Dismissal is DENIED.

 

 

ANALYSIS:

 

Plaintiff California Casualty Indemnity Exchange (“Plaintiff”) filed this action for automobile subrogation against Defendant Alicia Perez (“Defendant”), on September 22, 2022. Plaintiff filed a request to dismiss Defendant on November 15, 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 15, 2023 and was continued to allow Plaintiff to file further briefing demonstrating a legal basis to vacate the dismissal. (Minute Order, 02/15/23.) Plaintiff was warned that failure to file further briefing by March 15, 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 California Casualty Indemnity Exchange’s Motion to Vacate Dismissal is DENIED.

 

 

Moving party to give notice.