Judge: Maurice A. Leiter, Case: 20STCV43191, Date: 2024-02-26 Tentative Ruling

Case Number: 20STCV43191    Hearing Date: February 26, 2024    Dept: 54

Hearing Date: February 26, 2024

Department 54, Judge Maurice Leiter

Motion to Set Aside Dismissal

Moving Party: Defendants/Cross-Complainants Ali Salomi and Chadwick Tyner

Responding Party: Plaintiffs Dariush G. Adli and Adli Law Group, Inc.

T/R:      CROSS-COMPLAINANTS' MOTION TO SET ASIDE DISMISSAL IS GRANTED.

CROSS-COMPLAINANTS 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, opposition, and reply.

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.”

Cross-Complainants move to set aside dismissal entered by the Court on January 4, 2024 for failure to prosecute. Cross-Complainants assert that their counsel inadvertently failed to appear on January 4, 2024 due to technical issues. Cross-Complainants also assert that Cross-Defendants/Plaintiffs made misrepresentations to the Court regarding Plaintiffs’ bankruptcy proceedings.

In opposition, Cross-Defendants assert the cross-complaint lacks merit because Cross-Complainants agreed to accept payment for their claims in Plaintiff Adli Law’s bankruptcy case. Cross-Complainants dispute this in reply and argue that any amount recovered in bankruptcy can be used as an offset against a judgment here.

The Court finds good cause to vacate the dismissal. Dismissal was entered in part due to the mistake of Cross-Complainants' counsel. The Court cannot determine from this motion whether the claims of Cross-Complainants against one or more of the Cross-Defendants have been addressed in the bankruptcy proceedings and, if so, whether that bars Cross-Complainants from proceeding in this Court. If Cross- Defendants wish to pursue that argument they should make a proper motion and include relevant documents from the bankruptcy proceedings, so the Court may resolve the issues with full briefing and a clear record.

Cross-Complainants' motion to set aside dismissal is GRANTED.