Judge: Robert S. Draper, Case: 21STCV17514, Date: 2022-12-07 Tentative Ruling

Case Number: 21STCV17514    Hearing Date: December 7, 2022    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78

Plaintiff Brian William’s Motion to Vacate Dismissal is GRANTED.

Plaintiff Brian William’s Motion for Reconsideration is DENIED as moot.

FACTUAL BACKGROUND   

This is an action for personal injury. The Complaint alleges that Defendants FirstGroup America, Inc., First Transit, Inc., Greyhound Lines, Inc., Americanos U.S.A., LLC, Bradley Thomas, David S. Leach, Jose Luis Moreno, Jane Doe Greyhound Driver, and Jane Doe Greyhound Supervisor (together, “Defendants”) negligently caused Plaintiff Brian William (“Plaintiff”) great bodily harm.

PROCEDURAL HISTORY 

On May 7, 2021, Plaintiff filed the Complaint.

On September 10, 2021, Plaintiff failed to appear at a Case Management Conference. The Court continued the hearing until November 24, 2021 and set an OSC Re: Contempt for Plaintiff’s Failure to Appear at the September 10 hearing. Additionally, the Court noted that Plaintiff’s failure to appear at the November 24 hearing would result in dismissal of the Complaint without prejudice.

On November 24, 2021, Plaintiff again failed to appear for the Case Management Conference. The Court dismissed Plaintiff’s Complaint without prejudice.

On December 6, 2021, Plaintiff filed the instant Motion for Reconsideration.

On September 9, 2022, Plaintiff filed the instant Motion to Vacate Dismissal.

No Oppositions have been filed.

DISCUSSION

I.                MOTION TO VACATE DISMISSAL

Plaintiff moves to vacate the dismissal entered on November 24, 2021, pursuant to Code of Civil Procedure section 473.

Code of Civil Procedure section 473 provides that “[t]he court may . . . relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.”  (CCP, § 473(b).)  The court shall vacate a dismissal whenever an application for relief is accompanied by an affidavit by an attorney attesting to his or her mistake, inadvertence, surprise, or neglect.  (Ibid.) 

Here, Plaintiff, who represents himself in propria persona, submits a declaration stating that he sustained a major injury to his head on August 18, 2021. (William Decl. at p. 1.) Due to this injury, Plaintiff was admitted to the Emergency Room where he was diagnosed with Post-Concussion Syndrome. (Ibid.) Since that date, Plaintiff has been in and out of hospital. (Ibid.) Additionally, his injuries, and the medications prescribed to treat them, have caused him difficulty functioning, such that he was unable to attend the November 24 Case Management Conference.

The Court finds that Plaintiff’s failure to appear at the November 24, 2022, Case Management Conference was due to excusable neglect, and that good cause exists to vacate dismissal. Additionally, the Court notes that, in his declaration, Plaintiff states that he is still suffering from the aforementioned injury, and that it renders it difficult to communicate with the Court. The Court will discuss the possibility of a stay with Plaintiff at hearing.

Accordingly, Plaintiff’s Motion to Vacate Dismissal is GRANTED.

As this is the same relief sought by Plaintiff’s Motion to Reconsider, Plaintiff’s Motion to Reconsider is DENIED as moot.

DATED: December 7, 2022    

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Hon. Robert S. Draper  

Judge of the Superior Court