What is a Motion to Set Aside/Vacate Dismissal?

Useful Rulings on Motion to Set Aside/Vacate Dismissal

Recent Rulings on Motion to Set Aside/Vacate Dismissal

CELIA ALEGRIA VS IN-N-OUT BURGERS ET AL

If Defendant wishes to confirm contractual arbitration award—and Plaintiff does not oppose Defendant’s petition to confirm contractual arbitration award—Defendant should file a motion to set aside dismissal and then re-file its petition to confirm contractual arbitration award. (Caldwell v. Methodist Hospital (1994) 24 Cal.App.4th 1521.) The Court therefore DENIES WITHOUT PREJUDICE Defendant’s petition to confirm contractual arbitration award. Moving party is ordered to give notice of this ruling.

  • Hearing

    Jul 14, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

WELLS FARGO VS. CONNORS

HEARING ON MOTION TO VACATE DISMISSAL UNDER C.C.P. 664.6 FILED BY WELLS FARGO BANK, N.A. * TENTATIVE RULING: * Plaintiff has filed a motion to set aside the dismissal of this case entered pursuant to CCP §664.6 and to enter judgment pursuant to the stipulation entered by the parties in July 2017. The Defendant has not filed an opposition to the motion. Therefore, the motion is granted and the court will execute the proposed order and judgment submitted by the Plaintiff.

  • Hearing

    Jul 13, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

CAPITAL ONE VS. JOHNSON

HEARING ON MOTION TO VACATE ORDER GRANTING MOTION TO VACATE DISMISSAL FILED BY VANEESE E. JOHNSON * TENTATIVE RULING: * On January 22, 2018 Plaintiff filed this collections case seeking damages of $3,691. The Defendant, thorough her attorney Harry Roth, filed her answer on March 2, 2018. On April 16, 2018 counsel for both parties appeared in court for a case management conference (CMC) and the case was then scheduled for July 11, 2018.

  • Hearing

    Jul 13, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

SECURITY NATIONAL INSURANCE COMPANY VS JOHN A BATCHELOR COMP

Motion to Set Aside Dismissal At this time, Plaintiff moves to set aside the dismissal. Plaintiff’s attorney declares the failure to appear at the trial was due to a calendaring error in his office. He declares that, immediately upon discovering the error, he made an ex parte application to continue the trial date. He declares he had a pre-paid vacation on 12/26/19, such that he could not attend the trial.

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

(NO CASE NAME AVAILABLE)

.: BC663942 Hearing Date: July 10, 2020 [TENTATIVE] RULING RE: Plaintiff TEMPAY, INC.’S Motion to Vacate Dismissal and Enter Judgment. Plaintiff Tempay, Inc.’s Motion to Vacate Dismissal and Enter Judgment is GRANTED. Factual Background This is an action on an account. The Complaint alleges as follows. Defendant US Hospital Personnel California, Inc. dba Hospital Stafflink Network (“US Hospital”) became indebted to Plaintiff Tempay, Inc.

  • Hearing

    Jul 10, 2020

COUNTY OF SANTA CLARA V. ASCARIE, ET AL.

Aside Dismissal, U.S.

  • Hearing

    Jul 09, 2020

THE TERMINIX INTERNATIONAL COMPANY LP VS ALL STAR CONSTRUCTI

On February 20, 2019 the court granted Plaintiff’s Motion to Set Aside/Vacate Dismissal and set aside the dismissal entered on July 16, 2018. ordered Plaintiff to file and serve an amendment to the Complaint within 30 days which corrects the name of Defendant “All-Star Construction, Inc.” On April 25, 2019, Plaintiff filed an amendment to the Complaint correcting Defendant All Star Construction’s name to “All Star Construction, Inc.” On October 15, 2019, Plaintiff filed a First Amended Complaint (“FAC”).

  • Hearing

    Jul 09, 2020

ANTONETTE VELASQUEZ VS MANUEL BRACAMONTES ET AL

.: BC719693 Hearing Date: July 9, 2020 [TENTATIVE] order RE: plaintiff’s motion to set aside dismissal Plaintiff Antonette Velasquez (“Plaintiff”) moves to set aside the Court’s order of February 10, 2020 in which the Court dismissed this action for failure to appear at trial.

  • Hearing

    Jul 09, 2020

OSCAR SALGUERO VS MILESTONE TRUCK SALES, INC., ET AL.

Plaintiff has not provided proof of service of Plaintiff’s motion to set aside dismissal. Based on the foregoing, the motion to set aside dismissal is continued for Plaintiff to file proof of service of the papers filed in Plaintiff’s motion. Dated: ____________________________ Gregory Alarcon Superior Court Judge

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DAVID KU JUNG , ET AL. VS GLOBAL BUILDING SUPPLY INC., A CALIFORNIA CORPORATION;, ET AL.

., et al. 19TRCV00224 David Ku Jung, et al.’s Motion to Set Aside Dismissal Global Building Supply, Inc., et al.’s Motion to Set Aside Dismissal TENTATIVE RULING David Ku Jung, et al.’s Motion to Set Aside Dismissal is granted. Global Building Supply, Inc., et al.’s Motion to Set Aside Dismissal is granted. David Ku Jung, et al. David Ku Jung, et al.’s (“Plaintiffs”) unopposed Motion to Set Aside Dismissal is granted.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MARMOLEJO V. ZAMORA

(1) Plaintiff’s Motion to Vacate Dismissal Without Prejudice is GRANTED. The dismissal, without prejudice, of the entire action entered on February 21, 2020 is vacated. If the action was dismissed as the result of “mistake, inadvertence, surprise or excusable neglect,” plaintiff can move to set aside the dismissal under CCP § 473(b).

  • Hearing

    Jul 09, 2020

MARMOLEJO V. ZAMORA

(1) Plaintiff’s Motion to Vacate Dismissal Without Prejudice is GRANTED. The dismissal, without prejudice, of the entire action entered on February 21, 2020 is vacated. If the action was dismissed as the result of “mistake, inadvertence, surprise or excusable neglect,” plaintiff can move to set aside the dismissal under CCP § 473(b).

  • Hearing

    Jul 09, 2020

MILES JOHNSON VS LABREA HOTEL LLC

Therefore, Plaintiff’s motion to set aside dismissal is denied. However, Defendants’ request for sanctions, with their opposition, is denied without prejudice subject to a noticed motion setting forth a proper statutory and factual basis for sanctions. Former Defendants are ordered to give notice of this ruling.

  • Hearing

    Jul 09, 2020

TAAJ ROUSSEL VS FREDY HERNANDEZ ET AL

.: BC717384 Hearing Date: July 9, 2020 [TENTATIVE] order RE: plaintiff’s motion to set aside dismissal Plaintiff Taaj Roussel (“Plaintiff”) moves to set aside the Court’s order of February 10, 2020 in which the Court dismissed this action for failure to appear at trial.

  • Hearing

    Jul 09, 2020

ABBEY RESTAURANTS AND BARS USA-LA, LLC, ET AL. VS MICHAEL GOSS

DENIED as to the motion to seal the complaint but GRANTED as to the motion to set aside dismissal. IN LIGHT OF THE ONGOING COVID-19 PANDEMIC, ALL PARTIES AND COUNSEL ARE ENCOURAGED TO AVOID IN-PERSON APPEARANCES AT COURT AND TO APPEAR VIA TELEPHONE WHENEVER POSSIBLE.

  • Hearing

    Jul 08, 2020

DICK N WALTS MOTOR CO., INC. VS DONNA LEE RAMOS, ET AL.

MOTION TO VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff Dick N Walts Motor Company, Inc.’s Motion to Vacate Dismissal of Defendant Aaron Frank Montoya is GRANTED. THE DISMISSAL ENTERED ON JANUARY 7, 2020 IS HEREBY VACATED. ANALYSIS: Plaintiff Dick N Walts Motor Company, Inc. (“Plaintiff”) filed the instant action for motor vehicle negligence and breach of contract against Defendants Donna Lee Ramos and Aaron Frank Montoya (“Defendants”) on April 9, 2019.

  • Hearing

    Jul 08, 2020

FELICIA JACINTA ANARO VS MASON-MCDUFFIE MORTGAGE CORPORATION AND U.S. BANK, N.A. ET AL.

The court dismissed the action for plaintiff’s failure to timely file documents and denied plaintiff’s subsequent motion to vacate dismissal. RJN 16. Plaintiff filed a Chapter 13 Petition on October 17, 2018, which was dismissed on December 13, 2018 (for failure to pay an installment of fees). RJN 17 (docket), RJN 18, Order to Show Cause. RJN 19 and 20, civil minutes and order dismissing action. Trustee’s Deed Upon Sale in favor of Donton Construction was recorded on June 25, 2019. RJN 21.

  • Hearing

    Jul 08, 2020

  • Judge

    George J. Abdallah

  • County

    San Joaquin County, CA

BARBARA DONAHUE VS DARCI CANDIDA MOBLEY WRIGHT

.: SC126336 MOTION: Plaintiff’s Motion for Reconsideration (labeled as a Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)) Background On March 6, 2020, the Court granted Defendant’s Motion to Set Aside Default and Default Judgment. Legal Standard A court may reconsider a prior ruling if the party affected provides notice within 10 days of the order it seeks reconsideration of “new or different facts, circumstances, or law.” (Code Civ. Proc. §1008(a).)

  • Hearing

    Jul 08, 2020

ANGEL TUCKER VS RALPHS GROCERY COMPANY

MOTION TO VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff Angel Tucker’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON SEPTEMBER 16, 2019 IS HEREBY VACATED. TRIAL IS SCHEDULED FOR November 9, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

  • Hearing

    Jul 07, 2020

KURT KULAS VS ADMANIAX, LLC

.: 18STCV02193 Hearing Date: 7/7/2020 [TENTATIVE] RULING RE: Plaintiff’s Motion to Set Aside Dismissal and Enter Judgment Plaintiff’s motion to set aside dismissal is granted. The hearing on default judgment is continued to July 27, 2020. Plaintiff to file corrected papers and supplemental briefing by July 17, 2020.

  • Hearing

    Jul 07, 2020

MICHAEL P. WOODS, ET AL. VS WILLIAM E. BOEHRINGER , II

Here, Plaintiffs brought their motion to set aside dismissal within fourteen days after dismissal of the matter on March 6, 2020. Accordingly, Plaintiffs’ motion is timely. Motion to Set Aside Dismissal Plaintiffs Michael P. Woods and Wolf Wyszecki move to set aside dismissal of the instant matter pursuant to Code of Civil Procedure, Section 473(b).

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BANK OF AMERICA VS. KIFLEZGHI

HEARING ON MOTION TO VACATE DISMISSAL FILED BY BANK OF AMERICA, N.A. * TENTATIVE RULING: * On October 15, 2019 Plaintiff’s counsel filed a motion to vacate a dismissal of this case entered on November 29, 2018. The dismissal was premised upon the Plaintiff’s multiple failures to submit an “accounting” as directed by the court. For the reasons stated below, the motion to vacate is denied.

  • Hearing

    Jul 06, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

ALAN REED VS ALEX EPSHTEIN

.: BC713710 [TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL Dept. 27 8:30 a.m. July 6, 2020 On July 10, 2018, plaintiff Alan Reed filed this action against Alex Epshtein arising from July 13, 2016 vehicle collision. On January 10, 2020, Plaintiff failed to appear for trial and the Court ordered the action dismissed. Plaintiff now seeks to vacate the dismissal based on attorney fault.

  • Hearing

    Jul 06, 2020

HANK KYUNG KOO VS JONG OK LEE, ET AL.

MOTION TO VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff Hank Kyung Koo’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON FEBRUARY 25, 2020 IS HEREBY VACATED. ORDER TO SHOW CAUSE REGARDING COMPLIANCE WITH THE COURT’S FEBRUARY 25, 2020 ORDER IS SET FOR AUGUST 26, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

  • Hearing

    Jul 06, 2020

NELLIE TADDI VS JAMES P SEGAL GUTIERREZ ET AL

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL On July 19, 2017, plaintiff Nelli Taddi (“Plaintiff”) filed a complaint alleging that defendants James P. Segal-Gutierrez (“Segal-Gutierrez”) and Law Offices of James P. Segal-Gutierrez (collectively, “Defendants”) committed legal malpractice in connection with her personal injury lawsuit.

  • Hearing

    Jul 06, 2020

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