Judge: Yolanda Orozco, Case: 21STCV1669, Date: 2022-08-29 Tentative Ruling

Case Number: 21STCV1669    Hearing Date: August 29, 2022    Dept: 31

MOTION TO SET ASIDE/VACATE DISMISSAL IS DENIED 

Background 

On April 30, 2021, Plaintiff pro se Briand Williams as an individual and class representative filed a Complaint against the Los Angeles County Sheriff’s Department; County of Los Angeles, Los Angeles County Sherriff’s Department of Medical Services; Integrated Correctional Health Services; Correctional Health Services Department of Health Services Los Angeles County, Health Information Management, John Does and Jane Does Medical Practitioners, and Does 1 to 200. The Complaint alleges negligence and violations of the Ralph Act.

Since Plainitff failed to appear at the Case Management Conference and at the OSC re Dismissal hearings, Plaintiff’s Complaint was dismissed on September 23, 2021, without prejudice. (Min. Order 09/23/21.)

On August 05, 2022, Plaintiff filed a Motion to Set Aside/Vacate the Dismissal. 

Legal Standard 

California Code of Civil Procedure section 473 subdivision (b) provides for both discretionary and mandatory relief. (See Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Mandatory relief from default, default judgment, or dismissal is available based on an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25-26.) Discretionary relief is available based on the party’s own declaration or other evidence showing mistake, inadvertence, surprise, or excusable neglect. (Id.) 

Under the discretionary relief provision, the application for relief “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473 subd. (b).) 

Discussion 

First, the Court notes that Plaintiff’s motion is untimely because it was filed after the six-month deadline under section 473(b). 

Second, Plaintiff failed to attach a copy of the proposed pleading/Complaint to the motion. 

Accordingly, Plaintiff’s motion to set aside/vacate dismissal is DENIED. 

Conclusion 

Plaintiff’s Motion to Set Aside/Vacate Dismissal of the Complaint is DENIED. 

Clerk to give notice. 

The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters. All masking protocols will be observed at the Courthouse and in the courtrooms.