Judge: Theresa M. Traber, Case: 20STCV26847, Date: 2025-01-23 Tentative Ruling

Case Number: 20STCV26847    Hearing Date: January 23, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 23, 2025                   TRIAL DATE: VACATED

CASE:                         Harish Solanki v. YS Media Agency Inc. et al.

CASE NO.:                 20STCV26847           

MOTION TO SET ASIDE DISMISSAL

MOVING PARTY:               Plaintiff Harish Solanki

RESPONDING PARTY(S): No response on eCourt as of 01/17/25

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract that was filed on July 16, 2020. Plaintiff alleges that Defendants borrowed $100,000.00 from him and failed to repay the loan by the date of maturity on the promissory note.

Plaintiff moves to set aside a dismissal entered following a failure to appear at trial.

TENTATIVE RULING:

Plaintiff’s Motion to Set Aside Dismissal is GRANTED.

            The Court schedules a Trial Setting Conference for Thursday, February 20, 2024 at 8:30 AM.

DISCUSSION:

Plaintiff moves to set aside a dismissal entered following a failure to appear at trial. Plaintiff seeks relief under the mandatory relief provision of Code of Civil Procedure section 473(b). This section provides:

“Notwithstanding any other requirements of this section, the court shall, 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, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.”

(Code Civ. Proc. § 473(b).)

            The Court entered dismissal of the action on December 2, 2024, pursuant to Code of Civil Procedure section 581 subdivision (b)(3) in light of the failure of all parties to appear at trial following 30 days’ notice of the time and place of the trial. (December 2, 2024 Minute Order.) The dismissal was without prejudice. (Id.) Plaintiff brought this motion on December 30, 2024, less than one month after dismissal was entered.

            Plaintiff’s counsel states, in a sworn affidavit, that the failure of Plaintiff to appear at the December 2 date was caused by a failure to record the trial date during a transition to a new calendaring system. (Declaration of Frank Hwu ISO Mot. ¶ 9.) Plaintiff’s counsel takes full responsibility for the failure to timely file trial documents and to appear at trial. (Id.¶¶ 10-11.) As Plaintiff’s counsel has offered sworn testimony of his mistake, Plaintiff is entitled to relief from the dismissal.

CONCLUSION:

            Accordingly, Plaintiff’s Motion to Set Aside Dismissal is GRANTED.

            The Court will conduct a Trial Setting Conference after the motions hearing to put this case back on the trial calendar.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated: January 23, 2025                                 ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.