Judge: Maurice A. Leiter, Case: 22STCV23308, Date: 2023-07-20 Tentative Ruling

Case Number: 22STCV23308    Hearing Date: September 12, 2023    Dept: 54

Superior Court of California

County of Los Angeles

 

Lexis Nexis, a division of Relix, Inc.,

 

 

 

Plaintiff,

 

Case No.:

 

 

22STCV23308

 

vs.

 

 

Tentative Ruling

 

 

First Global Money,

 

 

 

Defendant.

 

 

 

 

 

 

 

Hearing Date: September 12, 2023

Department 54, Judge Maurice Leiter

Motion to Set Aside Dismissal

Moving Party: Plaintiff Lexis Nexis

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 the dismissal entered by the Court on May 4, 2023 for failure to prosecute. Plaintiff asserts that its counsel inadvertently failed to appear at the May 4, 2023 OSC. This is good cause to vacate the dismissal.

 

Plaintiff’s motion is GRANTED.