Judge: Thomas D. Long, Case: 23STCV04193, Date: 2023-08-24 Tentative Ruling

Case Number: 23STCV04193    Hearing Date: August 24, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 27, 2023, Plaintiff Palmer Temple Street Properties LLC filed this unlawful detainer action against Defendants Eric Muro, Yajaira Rodriguez, and Andrew Muro.

At the May 8, 2023 court trial, Plaintiff’s counsel represented that Defendants had surrendered the premises, and counsel made an oral request to dismiss the action.  An order of dismissal was entered the same day.

On June 20, 2023, Plaintiff filed a motion to set aside and vacate the dismissal.

The Court may relieve a party or counsel from a judgment, dismissal, or order resulting from mistake, inadvertence, surprise, or excusable neglect.  (Code Civ. Proc., § 473, subd. (b).)  The application for relief must be made within a reasonable time, not to exceed six months, after the judgment, dismissal, or order.  (Ibid.) 

Plaintiff timely filed this motion less than two months after the dismissal.  Counsel explains that Plaintiff sent an email to the firm to cancel the case, and then Plaintiff sent a subsequent email stating that Plaintiff would like to proceed with filing a request for money judgment.  (Doerning Decl. ¶ 4.)  However, counsel appearing on May 8, 2023 did not see the subsequent email and therefore orally requested the case be dismissed.  (Doerning Decl. ¶ 4.)  The Court finds that the dismissal of the entire action was due to counsel’s mistake.

The unopposed motion to set aside and vacate the dismissal is GRANTED.  The dismissal is only partially set aside as to claims for back rent and holdover damages but not for possession.

The May 8, 2023 Order of Dismissal is vacated, and this case is reinstated to the civil active list as a suit for money damages.

A Case Management Conference is scheduled for _________ at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 24th day of August 2023