GLADYS FARRELL ET AL VS MARIA CARVAJAL BOLANOS

Tentative Rulings

Case Number: BC643496    Hearing Date: January 08, 2020    Dept: 2

Farrell v. Carvajal Bolanos

Plaintiff’s Motion to Vacate Dismissal for the Limited Purpose of Considering the Petition to Approve Compromise of Disputed Claim for Disposition of Proceeds of Arbitration Award for Minor is DENIED.

This action arises out of a car accident that occurred on 12/17/2014. Plaintiff minor Mariana Farrell, by and through her guardian ad litem, sued Defendant Maria Carvajal-Bolanos for injuries resulting from Defendant’s alleged negligence. A settlement for Ms. Carvajal-Bolanos’ policy limits of $15,000 was reached on behalf of the minor, and, on 9/26/2017, the Court approved the settlement upon an expedited petition to approve a compromise of disputed claim of a minor. The funds were ultimately deposited into a blocked account. On 3/28/2018, the case was dismissed.

Ms. Farrell subsequently proceeded with an underinsured motorist arbitration and obtained an award of $100,000, the policy limits. Section 11580.3 of the Insurance Code provides: “When an insured entitled to recover under uninsured motorists’ coverage is a minor, an arbitration award upon the minor’s claim is deemed to be a compromise” that requires Court approval. Ms. Farrell seeks to set aside the dismissal so that she can present her expedited petition for approval of the arbitration award in this action, rather than initiating a new action to present the petition.

The Court has no jurisdiction to enter the requested relief. Plaintiff has cited no authority for the proposition that a Court may set aside a dismissal pursuant to CCP § 128. With limited exceptions not applicable here, the Court’s jurisdiction to vacate a dismissal is governed by section 473(b). Such motions must be made within six months of the dismissal and must be supported by a showing of mistake, inadvertence, surprise and excusable neglect. No such showing has been made here. The Court does not have jurisdiction to act once the six-month period has expired. Castagnoli v. Castanoli (1954) 124 Cal. App. 2d 39, 41; Arambula v. Union Carbide Corp. (2005) 28 Cal. App. 4th 333, 345.

There are other reasons that the Court must deny this motion. Plaintiff seeks to set aside the dismissal against Defendant Maria Cavajal-Bolanos, but it does not appear that Plaintiff has provided notice to Defendant. Plaintiff has apparently given notice to Defendant’s insurance company’s lawyer, but there is no indication that the lawyer represents Defendant.

Further, the arbitration was between Plaintiff and State Farm Insurance Company. The respondent on the petition to confirm the arbitration award and minor’s compromise based on that award is State Farm. But State Farm is not a party to this action.

In sum, the Court is without jurisdiction to grant the requested relief. Plaintiff must file a separate action to obtain approval of the petition.

Moving party is ordered to give notice.