Judge: Olivia Rosales, Case: 23NWCV02701, Date: 2024-06-19 Tentative Ruling

Case Number: 23NWCV02701    Hearing Date: June 19, 2024    Dept: F

JAMES DAVIDSON v. PABLO LOPEZ and DOES 1-100 CASE NO.: 23NWCV02701

HEARING: 06/20/24

Plaintiff’s motion to set aside dismissal and set case for case management conference is GRANTED. (CCP §473(b))

James Davidson filed this complaint on August 25, 2023 against Pablo Lopez for personal injury caused by a motor vehicle accident that occurred on September 22, 2022.

The first Case Management Conference (“CMC”) was scheduled for December 29, 2023, but counsel for the Plaintiff failed to appear. The CMC was continued, and an Order to Show Cause (“OSC”) as to why Plaintiff's counsel failed to appear was scheduled, for March 28, 2024.   Counsel for Plaintiff again failed to appear on that date as well.  The court dismissed the case without prejudice.

Plaintiff has now retained Noah Green, of the Green Firm, to cover all future hearings on this matter.  Plaintiff's counsel apologizes for overlooking the previous dates.  Current counsel claims that since no discovery had taken place at the time of dismissal there would be no prejudice to vacating the dismissal.

California Code of Civil Procedure (CCP) §473 states: (b) the 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 James Davidson’s motion to set aside dismissal and set case for case management conference is GRANTED.