Judge: Maurice A. Leiter, Case: 18STCV01088, Date: 2023-08-18 Tentative Ruling

Case Number: 18STCV01088    Hearing Date: August 18, 2023    Dept: 54

Hearing Date: August 18, 2023

Department 54, Judge Maurice Leiter

Motion to Set Aside Dismissal

Moving Party: Plaintiff Mid-Century Insurance Company

Responding Party: None

T/R:      PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL IS DENIED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

CCP § 473(b) provides, in pertinent part, “[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.”

Plaintiff moves to set aside the dismissal entered by the Court on October 29, 2019 for failure to prosecute. Plaintiff’s counsel declares, “Due to PLAINTIFF’s prior counsel’s inadvertence and mistake, PLAINTIFF did not appear at the Order to Show Cause hearing and Case Management Conference scheduled for October 29, 2019. As a result, the Court dismissed this case without prejudice.”

Plaintiff does not provide facts explaining Plaintiff and/or Plaintiff’s counsel’s failure to appear at the CMC or facts explaining why this motion was brought almost four years after the action was dismissed. Plaintiff has failed to show mistake, inadvertence, surprise, or excusable neglect.

Plaintiff’s motion is DENIED.