Judge: Mark H. Epstein, Case: 23SMCV03394, Date: 2023-12-18 Tentative Ruling

Case Number: 23SMCV03394    Hearing Date: December 18, 2023    Dept: I

The unopposed motion to set aside the default is GRANTED, although this is not really a motion to set aside a default.  The matter was dismissed without prejudice as to the entire action.  But according to plaintiff’s counsel, the dismissal was only supposed to be for CalStar Motors.  The court has no problem re-adding the other defendants under these circumstances.  The court is not sure, however, that it can do so on a nunc pro tunc sort of basis.  Thus, the court makes no ruling on what effect, if any, this has on the statute of limitations.  That said, the case is reinstated as to all defendants other than CalStar Motors.  Plaintiff is to serve them with notice of this order forthwith.  The court is also not sure that any defendant other than CalStar has been served.  The court will set a CMC and OSC re: Dismissal of Unserved Named Defendants in approximately 60 days.  Plaintiff to give notice.