Judge: Maurice A. Leiter, Case: 21STCV36264, Date: 2022-08-15 Tentative Ruling

Case Number: 21STCV36264    Hearing Date: August 15, 2022    Dept: 54

Hearing Date: August 15, 2022

Department 54, Judge Maurice Leiter

Motion to Set Aside Dismissal

Moving Party: Plaintiff Bank of America, N.A.

Responding Party: None

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

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 dismissal entered by the Court on May 26, 2022 at an OSC re: failure to prosecute. Plaintiff asserts that counsel mistakenly represented at the April 6, 2022 CMC that the proof of service of summons and complaint on Defendant had not been filed. The Court set the OSC re: failure to prosecute in response to this representation. Plaintiff now asserts that the proof of service was, in fact, filed with the Court on October 13, 2021. The Court’s record reflects this as well.

            Plaintiff’s motion to set aside dismissal is GRANTED.