Judge: Stephen I. Goorvitch, Case: 23STLC00938, Date: 2024-01-03 Tentative Ruling

Case Number: 23STLC00938    Hearing Date: January 3, 2024    Dept: 39

Lina Valdez, et al. v. Precilla Isoria, Case No. 23STLC00938

Plaintiff’s counsel filed this action on February 6, 2023, and filed a request for dismissal on July 14, 2023, before any defendant was served.  Now, Plaintiff’s counsel moves ex parte to shorten time on his motion to set aside the default under Code of Civil Procedure section 473(b).  Plaintiff’s counsel states in his declaration that he confused the instant case with a different case.  Good cause having been shown, the Court orders as follows:

1.       The ex parte application is granted.

2.       Because notice is not required for the underlying motion, the Court shall decide the motion to set aside the dismissal forthwith.

3.       The Court grants the motion to set aside the dismissal.

4.       The Clerk shall update the docket to reflect the correct parties in this case.  The only plaintiffs are Lina Valdez and Jamilet Gonzalez.  The only defendant is Priscilla Isorilla.  According to Plaintiff’s counsel, Plaintiff Luis Alvarez and Defendant David Alexander Arriaza were named in error and shall be deleted from the docket. 

5.       Plaintiff’s counsel shall serve defendants—or file a notice of settlement—within 60 days, per California Rules of Court, rule 3.110.

6.       The Court shall hold a case management conference on April 17, 2024, at 8:30 a.m.

7.       Plaintiff’s counsel shall provide notice upon service of the summons and complaint.