Judge: Melissa R. Mccormick, Case: "Soldan v. Vermont Center, LLC", Date: 2022-11-03 Tentative Ruling

Plaintiffs Christopher Soldan and Kayla Ryan’s Motion to Set Aside Dismissal

Plaintiffs Christopher Soldan and Kayla Ryan move to set aside the January 6, 2022 dismissal of their case.  For the following reasons, plaintiffs’ motion is granted.

Plaintiffs failed to appear at the January 6, 2022 hearing on an OSC re dismissal.  Plaintiffs’ counsel states counsel attempted to appear remotely at the January 6, 2022 hearing, but after waiting in the “virtual waiting room” was “kicked off the system completely” and was unable to reenter the “virtual waiting room.”  Duane Decl. ¶ 6.  Plaintiffs’ counsel’s declaration provides a sufficient factual basis for the court to set aside the dismissal.  Cal. Civ. Proc. Code § 473(b). 

The OSC re Dismissal is scheduled for February 2, 2023 at 9:00 a.m. in Department C13. 

The default packet shall be submitted before February 2, 2023.  No appearances are required if a default judgment has been filed and entered by the court.  If a default judgment has not been entered, counsel is ordered to appear.  Failure to appear will result in dismissal of the entire action

Clerk to give notice.