Judge: William A. Crowfoot, Case: 20STCV48575, Date: 2022-12-12 Tentative Ruling

Case Number: 20STCV48575    Hearing Date: December 12, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 18, 2020, plaintiff William Konovalov filed this action against defendant Denisse Ramirez arising from a December 23, 2018 collision between an automobile and a pedestrian.  On July 11, 2022, Plaintiff filed this motion to set aside an order of dismissal issued on June 17, 2022 after no appearances were made at the non-jury trial.  Plaintiff’s counsel, Paris Page, avers that her office never received the general order and the final status conference and trial date for this matter were never calendared.  (Page Decl., ¶¶ 3-6.)  Counsel declares that their office has not been receiving all their mail and has had difficulty doing so since the pandemic. 

“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 or her through his or her mistake, inadvertence, surprise, or excusable neglect.”  (Code Civ. Proc., § 473, subd. (b).)  Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken.  (Ibid.)  “[T]he 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.”  (Ibid.)

This Motion to set aside dismissal was timely filed within six months of dismissal and the Court finds dismissal was due to counsel’s excusable neglect.  The Motion to set aside the June 17, 2022 dismissal is GRANTED and the action is reinstated.  The Court sets an OSC re: Dismissal for Failure to File Proof of Service of Summons on January 12, 2023 at 8:30 a.m. in Department 27.  The Court additionally sets a Trial Setting Conference for March 23, 2023 at 8:30 a.m. in Department 27.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.