Judge: Melissa R. Mccormick, Case: "Ramirez v. Gen Restaurant Investment, LLC", Date: 2022-09-15 Tentative Ruling

Plaintiff Ariana Ramirez’s Motion to Set Aside Dismissal

Plaintiff Ariana Ramirez moves to set aside the March 24, 2022 dismissal of her case.  For the following reasons, plaintiff’s motion is granted.

Plaintiff failed to appear at the February 17, 2022 Case Management Conference or the March 24, 2022 hearing on the OSC re dismissal.  Plaintiff’s counsel states counsel’s law firm changed its calendaring system in December 2021 and subsequently the new system malfunctioned, causing the Case Management Conference and hearing on the OSC re Dismissal to be improperly calendared resulting in counsel’s failure to appear at either hearing.  See Werbin Decl. ¶¶ 5-9.  Plaintiff’s counsel’s declaration provides a sufficient factual basis for the court to set aside the dismissal.  Cal. Civ. Proc. Code § 473(b). 

A Case Management Conference is scheduled for November 17, 2022 at 1:30 p.m. in Department C13.

Plaintiff to give notice.