Judge: Maurice A. Leiter, Case: 23STCV10089, Date: 2023-08-31 Tentative Ruling

Case Number: 23STCV10089    Hearing Date: August 31, 2023    Dept: 54

Hearing Date: August 31, 2023

Department 54, Judge Maurice Leiter

Motion to Set Aside Dismissal

Moving Party: Plaintiff 2017-2 IH Borrower LP

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 July 24, 2023 for failure to prosecute. Plaintiff asserts that its counsel was inadvertently late to the case management conference due to appearances in other departments on the same day, resulting in dismissal. This is good cause to vacate the dismissal.

Plaintiff’s motion is GRANTED.