Judge: William Y. Wood, Case: 37-2022-00020098-CU-PO-NC, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - April 10, 2024

04/12/2024  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00020098-CU-PO-NC VELLANDI VS CITY OF CARLSBAD [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside Dismissal, 03/18/2024

Plaintiff Ria Velllandi's motion to set aside dismissal (ROA # 127) is granted.

The Court has carefully considered the arguments and authorities presented by the parties and orders the judgment of dismissal (ROA # 112) to be set aside and the case reinstated pursuant to the discretionary provisions set forth in CCP § 473. The Court recognizes that this is a close call and has weighed the factors and policy considerations carefully in coming to this conclusion.

The motion for summary judgment is reset for May 3, 2024 at 2:30 pm. Plaintiff shall file the declaration of Philip L. Rosescu by no later than April 16, 2024 in support of her previously filed opposition papers to the defendant's motion for summary judgment. Defendant may file supplemental reply papers by no later than April 26, 2024.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 2:30 p.m. on Friday, April 12, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of April 12, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3110270