Judge: William A. Crowfoot, Case: 22AHCV00898, Date: 2024-03-12 Tentative Ruling


Case Number: 22AHCV00898    Hearing Date: March 12, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

DIMERCO EXPRESS USA CORP.,

                   Plaintiff(s),

          vs.

 

CONCORD DISPLAYS, LLC,

 

                   Defendant(s).

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     CASE NO.:  22AHCV00898

 

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE/VACATE DISMISSAL

 

Dept. 3

8:30 a.m.

March 12, 2024

 

 

 

 

          On October 21, 2022, plaintiff Dimerco Express USA Corporation (“Plaintiff”) filed this action against defendant Concord Displays, LLC (“Defendant”) and Does 1 to 20. On November 29, 2022, the clerk entered default against Defendant. On August 16, 2023, Plaintiff filed a request to dismiss Does 1 to 20 as part of an application for default judgment against Defendant. The request for dismissal also requested to dismiss the entire complaint; therefore, the Court dismissed the case in its entirety.

          On January 9, 2024, Plaintiff filed this motion to set aside the dismissal. Plaintiff cites to Code of Civil Procedure section 664.6 even though no signed settlement agreement is submitted for the Court’s review. Therefore, to the extent that Plaintiff relies on section 664.6 for its motion, the motion is denied.

          Nevertheless, to the extent that Plaintiff seeks to set aside the dismissal due to a clerical mistake pursuant to Code of Civil Procedure section 473(d), the motion is GRANTED.  

          The action is reinstated to the calendar and the Court sets a hearing for a default prove-up on May 21, 2024.

Dated this 12th day of March, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.