What is a Motion to Set Aside/Vacate Dismissal?

Useful Resources for Motion to Set Aside/Vacate Dismissal

Recent Rulings on Motion to Set Aside/Vacate Dismissal

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS KENNY MOLINA

FILED: 08-21-18 NOTICE: OK DISMISSAL: 07-22-19 PROCEEDINGS: MOTION TO SET ASIDE DISMISSAL AND FOR ENTRY OF JUDGMENT MOVING PARTY: Plaintiff State Farm Mutual Automobile Insurance Company RESP. PARTY: None MOTION TO ENFORCE SETTLEMENT (CCP § 664.6) TENTATIVE RULING: Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Set Aside Dismissal and to Enter Judgment is GRANTED. Judgment to be entered in the amount of $10,765.67 against Defendant Kenny Molina.

  • Hearing

    Jan 26, 2021

CAPITAL ONE BANK (USA), N.A. V. ROULUND

Plaintiff has not expressly brought its motion to vacate dismissal under Section 473(b). But Plaintiff has not brought it under any other specific authority, either. Plaintiff’s Notice of Motion does not identify any particular ground for vacating the dismissal or discuss in its supporting memorandum why the Court can or should do so.

  • Hearing

    Jan 25, 2021

MELINDA MILLER-HOXIE VS. TYKISHA STANFORD, ET AL

TYKISHA STANFORD, an individual; ASIA STANFORD, an individual; ANTHONY STANFORD, an individual; THE SUITES, a California corporation; TRES FORTE, a California corporation; ROCKSTONE CONSTRUCTION MANAGEMENT, a California corporation; and DOES 1 – 100, inclusive, Defendants. ) ) ) ) ) ) ) CASE NO: LC106667 [TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO VACATE DISMISSAL Dept. U 8:30 a.m. January 25, 2021 I.

  • Hearing

    Jan 25, 2021

AMERICAN EXPRESS BANK, FSB VS. ELLIOTT

Ruling: Plaintiff’s Motion to Vacate Dismissal and Enter Judgment is granted. Judgment shall be entered in favor of Plaintiff American Express Bank, FSB and against Defendant Brian Elliot, aka Brian Paul Elliot, aka Brian P. Elliot in the amount of $170,807.08. The Stipulation for Conditional Entry of Judgment provides for retained jurisdiction and indicates that it is conditional. (See ROA No. 25.)

  • Hearing

    Jan 25, 2021

SHELDON COLEMAN VS HEAVENLY VISION SENIOR HOUSING LP ET AL

This Motion to set aside dismissal was timely filed within six months of dismissal and the Court finds dismissal was due to counsel’s excusable neglect. The Motion to set aside the February 18, 2020 dismissal is GRANTED and the action is reinstated. Trial is set for October 13, 2021 in Department 27 at 8:30 a.m. and the final status conference is set for September 29, 2021 in Department 27 at 10:00 a.m. Moving party to give notice.

  • Hearing

    Jan 22, 2021

(NO CASE NAME AVAILABLE)

Valle 16K08170 Plaintiff’s Motion to Set Aside Dismissal and Enter Judgment Pursuant to Code Civ. Proc. § 664.6 is GRANTED in part and DENIED in part. Judgment is entered in the amount of $450 plus $60 in costs. (Code Civ. Proc. § 664.6.) In the complaint, Plaintiff State Farm Mutual Automobile Insurance Co. (“State Farm”) brought a subrogation claim against Defendant Lazaro Albert Valle for $21,075.49. The parties entered into a settlement agreement and the court dismissed the case.

  • Hearing

    Jan 21, 2021

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JESSICA MARIE ROWLAND

FILED: 10-03-18 NOTICE: OK DISMISSAL: 03-04-20 PROCEEDINGS: MOTION TO VACATE DISMISSAL MOVING PARTY: Plaintiff State Farm Mutual Automobile Insurance Company RESP. PARTY: None MOTION TO SET ASIDE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal is GRANTED. The dismissal entered on March 4, 2020 is HEREBY VACATED.

  • Hearing

    Jan 21, 2021

A PLUS FABRICS INC. VS URBAN TEXTILE, INC.

Conclusion Plaintiff A Plus Fabrics, Inc.’s Motion to Vacate Dismissal is DENIED. Court clerk to give notice.

  • Hearing

    Jan 20, 2021

TRANSPACIFIC VS ISIDRO VALENCIA

Isidro Valencia, et al. 19TRCV00245 Transpacific Industrial Supply, Inc.’s Motion to Set Aside Dismissal and to Enter Judgment Pursuant to the Terms of Settlement TENTATIVE RULING Transpacific Industrial Supply, Inc.’s Motion to Set Aside Dismissal and to Enter Judgment Pursuant to the Terms of Settlement is granted.

  • Hearing

    Jan 20, 2021

  • Type

    Collections

  • Sub Type

    Collections

(NO CASE NAME AVAILABLE)

Conclusion Plaintiffs Eddie Lopez and Catherine Gonzalez’s Motion to Set Aside Dismissal is GRANTED. THE DISMISSAL ENTERED ON FEBRUARY 18, 2020 IS VACATED. Moving party to give notice.

  • Hearing

    Jan 20, 2021

MIGUEL ANGEL HUERTA VS CURT VAN SCHULTZ, ET AL.

On 8/10/20, Plaintiff filed the instant motion to set aside dismissal. Plaintiff asserts the dismissal was the result of Plaintiff’s counsel’s mistake, inadvertence, or excusable neglect. Motion to Set Aside Dismissal Mandatory Relief To the extent the motion is made pursuant to the mandatory provision of §473(b), Plaintiff cannot obtain relief under the mandatory provisions of Cal. Code Civ. Proc. §473(b) where an action is dismissed for failure to prosecute.

  • Hearing

    Jan 19, 2021

(NO CASE NAME AVAILABLE)

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION (CCP § 664.6) TENTATIVE RULING: Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is GRANTED IN THE AMOUNT OF $6,280.00 PRINCIPAL AND $60.00 COSTS. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Jason Gjelsvik (“Defendant”) on July 5, 2017.

  • Hearing

    Jan 19, 2021

INTERINSURANCE EXCHANGE OF THE AUTO CLUB VS SINH NGOC TRAN E

On 8/10/20, Plaintiff filed the instant motion to set aside dismissal. Plaintiff asserts the dismissal was the result of Plaintiff’s counsel’s mistake, inadvertence, or excusable neglect. Motion to Set Aside Dismissal Mandatory Relief To the extent the motion is made pursuant to the mandatory provision of §473(b), Plaintiff cannot obtain relief under the mandatory provisions of Cal. Code Civ. Proc. §473(b) where an action is dismissed for failure to prosecute.

  • Hearing

    Jan 19, 2021

BMW BANK OF NORTH AMERICA ET AL VS FERNANDO TOLEDO ALLENDE J

.: BC708504 Hearing Date: 1/19/2021 [TENTATIVE] RULING RE: Motion to Set Aside Dismissal The Motion to Set Aside Dismissal is continued to February 19, 2011. Plaintiff to file the proposed responsive documents within 10 days. Timely Filing A motion to set aside must be brought within 6 months; the requirement is jurisdictional. (CCP § 473(b); Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 928; Davis v.

  • Hearing

    Jan 19, 2021

  • Type

    Contract

  • Sub Type

    Breach

SIMON RESNIK HAYES LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP VS CYNERGY GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

FILED: 04-12-18 NOTICE: OK DISMISSAL: 02-13-20 PROCEEDINGS: MOTION FOR ORDER TO SET ASIDE DISMISSAL MOVING PARTY: Plaintiff Simon Resnik Hayes, LLP RESP. PARTY: None MOTION TO SET ASIDE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff Simon Resnik Hayes, LLP’s Motion to Set Aside Dismissal is DENIED.

  • Hearing

    Jan 19, 2021

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ARTHUR EDWARD HERNANDEZ

Hernandez, et al VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION (CCP § 664.6) TENTATIVE RULING: Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is GRANTED IN THE AMOUNT OF $6,207.39 PRINCIPAL AND $60.00 COSTS.

  • Hearing

    Jan 19, 2021

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS VERONICA MURO, ET AL.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION (CCP § 664.6) TENTATIVE RULING: Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is GRANTED IN THE AMOUNT OF $5,464.12 PRINCIPAL AND $60.00 COSTS.

  • Hearing

    Jan 19, 2021

AMERICAN EXPRESS NATIONAL BANK, SUCCESSOR BY MERGER TO AMERICAN EXPRESS BANK, FSB VS THOMAS W. SWAFFER, AKA THOMAS W. SWAFFER II

To attend the remote hearing with Judge Kronlund in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows: Bridge # 6940 Pin # 3782 Tentative Ruling Plaintiff's motion to vacate dismissal and enter judgment is Granted. CCP section 664.6. No opposition filed. Court will sign the order and judgment submitted with this motion. Barbara A. Kronlund

  • Hearing

    Jan 15, 2021

XIN ZHANG ET AL VS CALIFORNIA INVESTMENT IMMIGRATION FUND LL

.: BC719781 Hearing Date: January 15, 2021 [TENTATIVE] order RE: motion to set aside and vacate dismissal BACKGROUND A. Allegations Plaintiffs Xin Zhang, Wanling Yuan, Feng Wu, Peiwen Guo, and Lan Zhou (“Plaintiffs”) are residents of the People’s Republic of China.

  • Hearing

    Jan 15, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

FELIPE A REYES VS JEREME ARMON WARE

.: BC674817 Hearing Date: January 15, 2021 [TENTATIVE] order RE: plaintiff’s motion to set aside dismissal Plaintiff Felipe A. Reyes (“Plaintiff”) filed this action on September 5, 2017, following a motor vehicle collision with Defendant Jereme Armon Ware. On April 4, 2019, Plaintiff filed an applications seeking to serve Defendant by publication, which the Court rejected based upon numerous substantial and procedural defects.

  • Hearing

    Jan 15, 2021

WELLS FARGO BANK, N.A. VS ARAM KOULIAN

MOTION TO VACATE DISMISSAL (CCP §473) Date: 1/15/21 (8:30 AM) Case: Wells Fargo Bank, N.A. v. Aram Koulian (20GDCV00211) TENTATIVE RULING: Plaintiff Wells Fargo Bank, N.A.’s Motion to Vacate Dismissal is GRANTED pursuant to CCP § 473(b), based on counsel for plaintiff’s mistake and neglect. Dismissal of the action entered on September 28, 2020 is set aside.

  • Hearing

    Jan 15, 2021

  • Type

    Collections

  • Sub Type

    Collections

MARIA ZARATE VS ZAPOPAN MARKET, INC.

.: 19STCV12609 Hearing Date: 1/15/2021 [TENTATIVE] RULING RE: Motion to Set Aside Dismissal The motion is continued to February 18, 2021. Plaintiff is ordered to file proof of service of the motion and this Order within 15 days for the continued hearing date. Legal Standard A trial court has broad discretion to vacate the judgment and/or the clerk’s entry of default that preceded it. (CCP § 473.)

  • Hearing

    Jan 15, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

(NO CASE NAME AVAILABLE)

MOTION TO VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff David Rosenman’s Motion to Vacate Dismissal is CONTINUED TO MARCH 11, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: On July 13, 2016, Plaintiff David Rosenman (“Plaintiff”) filed the instant action against Defendants Andreas Elsenhaus (“Defendant Elsenhaus”) and Lion Interior Design, Inc. (“Defendant Lion Interior”). The Court entered Defendant Elsenhaus’ default on February 22, 2017.

  • Hearing

    Jan 14, 2021

  • County

    Los Angeles County, CA

MICHAELA SHEPPARD VS CENTURY TRANSPORTATION SERVICES ET AL

.: BC619189 [TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL Dept. 27 8:30 a.m. January 14, 2021 On May 5, 2016, Plaintiff Michaela Sheppard filed this action against Defendants Century Transportation Services and West Coast Ambulance, Inc. On August 6, 2018, the Court approved an application for determination of good faith settlement between Plaintiff and Defendant West Coast Ambulance, Inc.

  • Hearing

    Jan 14, 2021

(NO CASE NAME AVAILABLE)

MOTION TO VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff David Rosenman’s Motion to Vacate Dismissal is CONTINUED TO MARCH 11, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: On July 13, 2016, Plaintiff David Rosenman (“Plaintiff”) filed the instant action against Defendants Andreas Elsenhaus (“Defendant Elsenhaus”) and Lion Interior Design, Inc. (“Defendant Lion Interior”). The Court entered Defendant Elsenhaus’ default on February 22, 2017.

  • Hearing

    Jan 14, 2021

1 2 3 4 5 6 7 8 9 10 ... 115     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.