Judge: Steven A. Ellis, Case: 22STCV11463, Date: 2024-12-18 Tentative Ruling

Case Number: 22STCV11463    Hearing Date: December 18, 2024    Dept: 29

Dumas v. Uber Technologies
22STCV11463
Plaintiff’s Motion to Set Aside Dismissal

Tentative

The motion is denied without prejudice for procedural reasons.

Background

On April 4, 2022, Eric Gabriel Dumas (“Plaintiff”) filed a complaint against Uber Technologies, Inc., Paul Gina, and Does 1 through 20, for general negligence and motor vehicle negligence arising out of an accident occurring on October 16, 2021.

On August 16, 2022, Plaintiff filed a request to dismiss Uber Technologies, Inc..

On February 14, 2023, default was entered against Defendant Paul Gina.

On February 23, 2024, Plaintiff substituted in as his own counsel. 

On November 14, 2024, the Court dismissed this action based on Plaintiff’s failure to appear at two consecutive OSCs re dismissal. 

On November 27, 2024, Plaintiff filed this motion to set aside the dismissal.

No opposition has been filed.

Legal Standard

Code of Civil Procedure § 473(b) provides for mandatory and discretionary relief from dismissal. “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 through his or her mistake, inadvertence, surprise, or excusable neglect.” Code of Civil Procedure § 473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Id.) In either case, the application must be made within a reasonable time, and in no case exceeding six months after the judgment. (Id.)

Discussion

Motions and supporting papers must be filed at least 16 court days before the hearing.  (Code Civ. Proc., § 1005, subd. (b).)

This motion is set for hearing on December 18, 2024.  For a hearing on this date, the motion was required to be filed no later than November 22, 2024.  Plaintiff filed this motion on November 27.

Accordingly, the Court must deny the motion, without prejudice, on the ground that it was not timely filed.

Plaintiff may proceed by a new motion filed at least 16 court days before the hearing.

Conclusion

The Court DENIES without prejudice the motion of Plaintiff Eric Gabriel Dumas to set aside the November 14, 2024 dismissal.

Moving Party is to give notice to any party who has appeared.