On 04/10/2017 LEE, SOO filed a Personal Injury - Uninsured Motor Vehicle lawsuit against GRGUREVIC, PERLA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
****4609
04/10/2017
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
LEE SOO
GRGUREVIC PERLA
KIM SHAPIRO PARK & LEE
BUTLER AIDAN W
7/10/2019: Minute Order - Minute Order (Non-Jury Trial)
7/12/2019: Notice of Ruling - Notice of Ruling
4/10/2017: Summons
4/10/2017: Civil Case Cover Sheet
4/10/2017: Complaint - Unisured Motorist
5/11/2017: (name extension) - PROOF OF SERVICE TO COMPLAINT FILED
6/1/2017: Response (name extension) - GENERAL DENIAL
6/9/2017: Substitution of Attorney
10/9/2018: Minute Order - (Non-Jury Trial)
4/23/2019: Minute Order - Minute Order (Non-Jury Trial)
Hearingat 0830 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearingat 1000 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)
DocketNotice of Ruling; Filed by: SOO LEE (Plaintiff)
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/16/2019 at 10:00 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Non-Jury Trial)
DocketNon-Jury Trial scheduled for 07/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 07/10/2019; Result Type to Not Held - Taken Off Calendar by Court
DocketNon-Jury Trial scheduled for 07/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Non-Jury Trial)
DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 04/23/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 07/10/2019 08:30 AM
DocketNon-Jury Trial scheduled for 04/23/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 10/09/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Party's Motion was rescheduled to 04/23/2019 08:30 AM
DocketCase reassigned to Stanley Mosk Courthouse in Department 77
DocketSUBSTITUTION OF ATTORNEY FILED
DocketRESPONSE FILED - GENERAL DENIAL
DocketPROOF OF SERVICE TO COMPLAINT FILED
DocketNON-JURY TRIAL SET FOR 10/09/18, 08:30 AM, DEPT 77
DocketOSC SET 04/10/20, 08:30 AM, DEPT. 77 PURSUANT TO GENERAL ORDER
DocketCivil Case Cover Sheet; Filed by:
DocketCOMPLAINT FILED - UNINSURED MOTORIST Filing Fee: 370.00
DocketSUMMONS FILED
Case Number: 17K04609 Hearing Date: November 05, 2019 Dept: 94
MOTION TO VACATE DISMISSAL
(CCP § 473(b), mandatory)
TENTATIVE RULING:
I. Background
On June 13, 2017, Plaintiff Soo Lee (“Plaintiff”) brought this premises liability action against Defendant Perla Grgyrevic (“Defendant”). Because Plaintiff failed to appear for his OSC Hearing re: Dismissal on September 16, 2019, the Court dismissed this action. Less than a month later, Plaintiff brought the instant Motion to Vacate Dismissal (the “Motion”) under the mandatory provision of CCP § 473(b) based on his counsel’s mistake, inadvertence, surprise, and neglect.
II. Legal Standard
“Section 473(b) provides for both discretionary and mandatory relief. [Citation.]” (Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Plaintiff seeks relief under the mandatory provision of the statute based on his counsel’s mistake, inadvertence, surprise, or neglect. The mandatory provision states in pertinent part:
“[W]henever 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.”
(CCP § 473(b).)
“The purpose of this mandatory relief provision is to alleviate the hardship on parties who lose their day in court due to an inexcusable failure to act by their attorneys. [Citation.]” (Rodriguez v. Brill (2015) 234 Cal.App.4th 715, 723, emphasis added.) Relief under CCP § 473(b) is also available to plaintiffs because dismissal is the “practical equivalent of a default judgment.” (Aldrich v. San Fernando Valley Lumber Co., Inc.
III. Discussion
Plaintiff timely brought this Motion under the mandatory provision of CCP § 473(b) less than one month after the dismissal.
Plaintiff submits a sworn affidavit from his counsel Paul Park (“Park”), who attests that he neglected to calendar the OSC Hearing and, as a result, failed to appear for it. (Motion, Park Decl. ¶¶ 1-3.) “[A]s this text [of the mandatory provision of Section 473(b)] indicates, what must be attested to is the mistake, inadvertence, surprise, or neglect—not the reasons for it. [Citation.]” (Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438.) In light of the foregoing, the Court finds that the dismissal was a result of Plaintiff’s counsel’s mistake, inadvertence, surprise, and neglect. Accordingly, the Court has no discretion but to grant the Motion under the mandatory provision of Section 473(b).
IV. Conclusion & Order
Plaintiff Soo Lee’s Motion to Vacate Dismissal is GRANTED