Judge: Melvin D. Sandvig, Case: 23CHCV01264, Date: 2025-03-25 Tentative Ruling

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Case Number: 23CHCV01264    Hearing Date: March 25, 2025    Dept: F47

Dept. F47

Date: 3/25/25

Case #23CHCV01264

MOTION TO SET ASIDE OR VACATE DISMISSAL,

OR MAINTAIN THE CASE ON CIVIL ACTIVE STATUS

Motion filed on 7/9/24.

MOVING PART: Plaintiff Hovsep Keshishyan

RESPONDING  PARTY: no other party has appeared

RELIEF REQUESTED: An order vacating the order of dismissal that was entered in this case on 4/4/24 under CCP 473.

RULING: The motion is granted. 

SUMMARY OF ACTION & PROCEDURAL HISTORY

On 4/28/23, Plaintiff Hovsep Keshishyan (Plaintiff) filed this action against Defendant Bristol West Insurance Company (Defendant).  When Plaintiff failed to appear at the 2/27/24 Case Management Conference, the Court set an Order to Show Cause Re Sanctions, including dismissal, for Plaintiff’s failure to appear and for failure to file proofs of service for 4/4/24.  (See 2/27/24 Minute Order).  On 4/4/24, Plaintiff failed to appear and no proof of service had been filed; therefore, the Court dismissed Plaintiff’s complaint without prejudice.  (See 4/4/24 Minute Order). 

On 7/9/24, Plaintiff filed the instant motion seeking an order vacating the order of dismissal that was entered in this case on 4/4/24 under CCP 473.  No proof of service the motion has been filed.  Service of the motion is not required because no other party has appeared.  See CCP 1014.  The motion was originally scheduled for hearing on 3/13/25.  The Court then continued the hearing date to 3/25/25.  (See 2/13/25 Notice Re: Continuance of Hearing and Order).  No response to the motion has been filed.  Again, no other party has appeared. 

ANALYSIS

Plaintiff’s attorney has submitted a declaration stating that the dismissal resulted from his office staff mis-calendaring the 4/4/24 hearing date for 5/4/24.  (See Galajian Decl.).  Plaintiff’s attorney declaration does not specifically address the failure to file proofs of service.  Id.  Based on the attorney declaration of fault and since the motion was filed within six months of the dismissal, relief is mandatory.  See CCP 473(b).

CONCLUSION

The motion is granted.  The dismissal entered on 4/4/24 is set aside.