Judge: Steven A. Ellis, Case: 23STCV27887, Date: 2025-05-12 Tentative Ruling

Case Number: 23STCV27887    Hearing Date: May 12, 2025    Dept: 29

Horton v. Caldwell
23STCV27887
Plaintiff’s Motion to Set Aside Dismissal

Tentative

The motion is granted.

Background

On November 14, 2023, Everett Shawn Horton (“Plaintiff”) filed a complaint against Queen Sunday Victoria B. Caldwell (“Caldwell”), Kai Lin Stacy Bacon (“Bacon”), Kai Quintin MacKnight (“MacKnight”), Santa Teresa De Jesus Martinez Valencia (“Valencia”), and Does 1 through 100 for motor vehicle negligence and general negligence arising out of an accident on December 16, 2021 at or near the intersection of Arlington Avenue and West 25th Street in Los Angeles.

On March 29, 2024, MacKnight filed an answer and a cross-complaint against Caldwell, Bacon, and Valencia.

On June 4, 2024, Caldwell and Bacon filed an answer to the complaint.

On June 17, 2024, Caldwell and Bacon filed an answer to MacKnight’s cross-complaint.

On June 27, 2024, MacKnight filed a separate cross-complaint against Plaintiff.

On December 5, 2024, the Court, at the request of MacKnight, dismissed the cross complaint filed by MacKnight against Plaintiff.

On December 18, 2024, Plaintiff filed a request to dismiss the entire action with prejudice.  That request was denied because of MacKnight’s pending cross-complaint (filed March 29, 2024).

On January 2, 2025, the Court, at the request of MacKnight, dismissed the cross-complaint filed by MacKnight against Caldwell, Bacon, and Valencia on March 29, 2024.

On January 7, 2025, the Court, at the request of Plaintiff, dismissed the entire action with prejudice.

On February 11, 2025, Plaintiff’s counsel filed a declaration and a notice of errata.  Because no motion was filed, however, the Court took no action in response to this filing.

On April 14, 2025, Plaintiff filed this motion to set aside the dismissal entered on January 7, 2025.  (The motion also purports to be brought on behalf of Terrance Lewis, but Mr. Lewis is not a party to this action.)

Caldwell and Bacon filed an opposition on April 29, 2025.

No reply was filed.

Legal Standard

Code of Civil Procedure section 473, subdivision (b) provides for both discretionary and mandatory relief from dismissal.

As to discretionary relief, the statute states: “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, subd. (b).) Where such an application for discretionary relief is made, the motion must be accompanied by a copy of the answer or pleading proposed to be filed; “otherwise the application shall not be granted.”  (Ibid.)  A request for discretionary relief must be made (subject to certain exceptions) “within a reasonable time, in no case exceeding six months.”  (Ibid.) 

The statute also provides for mandatory relief from dismissal, default, or default judgment:

“whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect … unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect.” 

(Ibid.)

A request for mandatory relief must be made within six months.  (Ibid.)

Discussion

Plaintiff seeks to set aside the dismissal of the entire action, entered on January 7, 2025, based on counsel’s mistake under Code of Civil Procedure section 473, subdivision (b).

Plaintiff has submitted a declaration from counsel attesting that that the request for dismissal was submitted in error: Plaintiff intended to dismiss only Defendant MacKnight but mistakenly signed a request for dismissal (prepared by counsel for Defendant MacKnight) of the entire action.  (Crouse Decl., ¶¶ 1-3.)

Plaintiff has shown a sufficient basis for mandatory relief under section 473, subdivision (b).  The motion is timely.

The motion for relief is granted.

Conclusion

The Court GRANTS the motion of Plaintiff Everett Shawn Horton to set aside the dismissal entered on January 7, 2025.

The Court SETS ASIDE the dismissal entered on January 7, 2025.

The Court SETS a Trial Setting Conference on 06/__/25 at 8:30 am in Department 29 of the Spring Street Courthouse.

Moving Party is to give notice.