Judge: Theodore R. Howard, Case: 20-1122930, Date: 2023-05-25 Tentative Ruling
The unopposed Motion to Set Aside the Court’s Dismissal, filed by Plaintiff Mohamed Haithem Alkhayat, seeks relief from the 6/10/22 dismissal under CCP § 473(b). As the application for relief was made no more than six months after the dismissal was entered and the dismissal was caused by the attorney’s mistake, inadvertence, surprise, or neglect, the court GRANTS the Motion to vacate the court’s dismissal of the action. This ruling, however, does not consider or excuse any other issues of timeliness which may be pertinent to the action. However, as the complaint has still not been served despite the case being filed over three years ago, the court sets this matter for OSC re: Dismissal.
The court sets an OSC re: Dismissal and a status conference for a date TBD.
Plaintiff to give notice of this ruling and of the date now set for the CMC.