Judge: Robert C. Longstreth, Case: 37-2020-00006147-CU-PO-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  PI/PD/WD - Other Motion to Dismiss 37-2020-00006147-CU-PO-CTL MIKE & MARK INC VS KOBISHER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Bertha Salcedo's Motion to Vacate and Set Aside the Dismissal of Complaint (ROA 203) is DENIED.

Plaintiff is essentially seeking reconsideration of the court's prior March 15, 2024 order dismissing the case. Even if her motion to vacate is construed as a motion for motion for reconsideration, it would be untimely. The information plaintiff provides (including her contention, belied by the record, that she had no notice of the February 16, 2024 hearing date), was previously considered and addressed by the Court. Plaintiff presents no new or different facts, circumstances, or law sufficient to support reconsideration, nor does she argue that the order was entered erroneously. (Code Civ. Proc. § 1008(a).) To the extent that the motion is properly brought pursuant to Code of Civil Procedure § 473(b).) The court finds Plaintiff has not demonstrated 'mistake, inadvertence, surprise, or excusable neglect' sufficient to support relief from dismissal. To the contrary, as the Court has previously found, Plaintiff was expressly advised by the Court at the March 1, 2024 hearing what she needed to do to comply with the requirements necessary to bring her case to trial, and nonetheless failed to do so, despite the efforts of the Defendants to assist her.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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