Judge: Mark E. Windham, Case: 24STLC02618, Date: 2024-09-09 Tentative Ruling

Case Number: 24STLC02618    Hearing Date: September 9, 2024    Dept: 26

State Farm v. Amazon Logistics, Inc., 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 MAY 21, 2024 IS HEREBY VACATED.

TRIAL IS SET FOR OCTOBER 9, 2025 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action against Defendants Amazon Logistics, Inc. and Kurt Stommer (“Defendants”) on April 11, 2024. On May 21, 2024, Plaintiff dismissed the action without prejudice.

Plaintiff filed the instant Motion to Vacate Dismissal on July 15, 2024. 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 less than two months after dismissal of the action and is supported by an attorney affidavit of fault. Plaintiff’s counsel declares that they were misled to believe that this action must be referred to arbitration. (Motion, Pleasant Decl., ¶¶4-8 and Exhs. A-D.) 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 MAY 21, 2024 IS HEREBY VACATED.

TRIAL IS SET FOR OCTOBER 9, 2025 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.