LAURA CONTRERAS VS MICHAEL COOK

Tentative Rulings

Case Number: ****7571    Hearing Date: November 14, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DISMISSAL

On April 12, 2017, plaintiff Laura Contreras (“Contreras”) filed this action against defendant Michael Cook (“Defendant”) for damages arising from a pedestrian versus automobile accident. Plaintiff Lorena Rodriguez (“Rodriguez”) was added in a First Amended Complaint on May 3, 2017. Contreras later settled with Defendant and was dismissed from the case on June 1, 2017.

On May 7, 2018, Charter Communications, Inc. was named as a Doe defendant. Rodriguez later learned that Pratt Communications, Inc. was the registered owner of the vehicle driven by Defendant. Pratt Communications, Inc. was then named as a Doe Defendant, and Charter Communications, Inc. was dismissed on July 3, 2019. Rodriguez’s claim with Defendant settled, leaving Pratt Communications, Inc. as the remaining defendant.

A Final Status Conference was scheduled for August 14, 2019 and trial was scheduled for August 28, 2019. When Rodriguez’s counsel failed to appear at the final status conference and trial, the Court dismissed the case. Counsel does not explain why he did not appear at the FSC. Counsel’s paralegal states he made a mistake in removing the trial date from the attorney’s calendar.

“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., ; 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Ibid.) “[T]he court shall, whenever 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.” (Ibid.)

The Motion to set aside the August 28, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for April 17, 2020 in Department 4B and the final status conference is set for April 3, 2020 in Department 4B. All dates are based on the new trial date.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.