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

USAA CASUALTY INSURANCE COMPANY VS JORGE HERNANDEZ RAMOS, ET AL.

PARTY: None MOTION TO SET ASIDE/VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff USAA Casualty Insurance Company’s Motion for Order Vacating Entry of Dismissal is GRANTED. The dismissal entered on December 3, 2019 is HEREBY VACATED.

  • Hearing

    Sep 28, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

PAHOLA YBARRA VS JESSICA GARCIA

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 because he failed to calendar the hearing date. The motion is denied for three reasons.

  • Hearing

    Sep 28, 2020

SOAN KUNDANMAL VS PARVIS MOHAMMADI ET AL

Plaintiff’s Motion to Set Aside Dismissal Based on Attorney’s Excusable Neglect is GRANTED. The dismissal entered on 12/27/19 is vacated. Plaintiff is ordered to serve the summons and complaint forthwith. The motion is timely made and supported by the Declaration of D. Hess Panah. (Code Civ. Proc. § 473(b).) Counsel is admonished to immediately take measures to correct the ongoing calendaring issue and to appear for matters on the dates on which they are calendared.

  • Hearing

    Sep 25, 2020

MORINELLO V. ROYAL ENTERTAINMENT, INC., ET AL.

Plaintiff Joseph Morinello’s unopposed motion to set aside and vacate dismissal pursuant to Code of Civil Procedure section 473, subdivision (b), is granted. Plaintiff has met his burden of showing that the Order of dismissal, with prejudice, entered on March 13, 2020, was entered due to Plaintiff’s excusable neglect. (Code Civil Proc., § 473, subd. (b).)

  • Hearing

    Sep 25, 2020

SOFI LENDING CORP. AS ATTORNEY-IN-FACT FOR WILMINGTON TRUST, NATIONAL ASSOCIATION, TRUSTEE OF SOFI CONSUMER LOAN PROGRAM GRAN VS SEBASTIAN RODRIGUEZ

Motion to set aside Dismissal GRANT Case Management Conference set October 21, 2020 at 8:30 AM. Plaintiff to give notice.

  • Hearing

    Sep 25, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

AZIZ ALAQUI VS YEVGENIY VAYNERMAN

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 on 3/06/20 was due to a calendaring error in his office. Mandatory Relief It is not clear whether Plaintiff seeks relief under the mandatory and/or discretionary provisions of CCP §473(b).

  • Hearing

    Sep 25, 2020

JUAN INIGUEZ VS MASS DEVELOPMENT INC

SUBJECT: Motion to Vacate Dismissal and Enter Judgment Pursuant to Code of Civil Procedure § 664.6 Moving Party: Plaintiff Juan Iniguez Resp. Party: Defendant Mass Development, Inc. The Court GRANTS Plaintiff’s motion to enter judgment for $47,000.00 pursuant to section 664.6. BACKGROUND: This action involves a dispute arising out of alleged violations of the Fair Employment and Housing Act and the California Labor Laws. On October 23, 2019, Plaintiff filed a notice of settlement.

  • Hearing

    Sep 25, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

HADI ARAFAEI VS OCTAVIO CORONA ET AL

Plaintiff’s Motion to Set Aside Dismissal is GRANTED.

  • Hearing

    Sep 24, 2020

CITIBANK N A VS RAPELO

Citibank's unopposed Motion to Vacate Dismissal and Enter Judgment based upon CCP 664.6 is GRANTED. Based on the settlement entered into on or about January 14, 2016, the parties agreed that upon default of payments, Citibank could move to set aside the dismissal and have judgment entered. Based on the motion, defendant has default on payments. The dismissal is set aside and the Court enters judgment in the amount of $2237.50.

  • Hearing

    Sep 24, 2020

  • Type

    Collections

  • Sub Type

    Collections

MOJGAN SALAMATI VS SAM SUSAN BYRD ET AL

.: BC698260 [TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL Dept. 27 1:30 p.m. September 24, 2020 On March 14, 2018, Plaintiff Mojgan Salamati filed this action against Defendant Sam Susan Byrd arising from a March 16, 2016 pedestrian versus automobile accident. On August 28, 2019, the Court noted that there was no proof that the Defendant(s) has/have been served in this action. Accordingly, the Court took the Final Status Conference off calendar and vacated it.

  • Hearing

    Sep 24, 2020

STEPHENIE LAURICELLA VS JASPER PERRIN

.: BC698260 [TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL Dept. 27 1:30 p.m. September 24, 2020 On March 14, 2018, Plaintiff Mojgan Salamati filed this action against Defendant Sam Susan Byrd arising from a March 16, 2016 pedestrian versus automobile accident. On August 28, 2019, the Court noted that there was no proof that the Defendant(s) has/have been served in this action. Accordingly, the Court took the Final Status Conference off calendar and vacated it.

  • Hearing

    Sep 24, 2020

STATE FARM MUTUAL AUTOMOBILE INSURANCE VS AGUSTIN AGUIRRE

Plaintiff State Farm Mutual Automobile Insurance Company's unopposed Motion to Vacate Dismissal and Enter Judgment granted. Judgment will be entered against Defendant in the amount of $14,287.77. Defendant is to submit a judgment and provide notice of the ruling to all parties.

  • Hearing

    Sep 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

(NO CASE NAME AVAILABLE)

.: BC698260 [TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL Dept. 27 1:30 p.m. September 24, 2020 On March 14, 2018, Plaintiff Mojgan Salamati filed this action against Defendant Sam Susan Byrd arising from a March 16, 2016 pedestrian versus automobile accident. On August 28, 2019, the Court noted that there was no proof that the Defendant(s) has/have been served in this action. Accordingly, the Court took the Final Status Conference off calendar and vacated it.

  • Hearing

    Sep 24, 2020

WILLIAM WATSON VS HECTOR JOE HERNANDEZ

On August 12, 2020, Plaintiff filed a motion to set aside dismissal. Plaintiff seeks to set aside the dismissal for the purpose of allowing Plaintiff to file its default judgment prove-ups. Legal Standard “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) (b).

  • Hearing

    Sep 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS MELANIE BANKS, ET AL.

MOTION TO VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JANAURY 9, 2020 IS HEREBY VACATED. ORDER TO SHOW CAUSE REGARDING FAILURE TO FILE PROOF OF SERVICE OF SUMMONS IS SET FOR OCTOBER 28, 2020 AT ____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

  • Hearing

    Sep 23, 2020

  • County

    Los Angeles County, CA

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS MELANIE BANKS, ET AL.

MOTION TO VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JANAURY 9, 2020 IS HEREBY VACATED. ORDER TO SHOW CAUSE REGARDING FAILURE TO FILE PROOF OF SERVICE OF SUMMONS IS SET FOR OCTOBER 28, 2020 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

  • Hearing

    Sep 23, 2020

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

On May 6, 2020, Plaintiff filed the instant Motion to Set Aside Dismissal and Enter Judgment Pursuant to Stipulated Judgment (“the Motion”) on the grounds that Defendant has failed to fulfill his obligations under the Settlement Agreement. To date, no opposition has been filed.

  • Hearing

    Sep 22, 2020

  • County

    Los Angeles County, CA

AMERICAN EXPRESS NATIONAL BANK VS EDWARD GARRICK

SUBJECT: (1) Motion to Vacate Dismissal and Enter Judgment Pursuant to Code of Civil Procedure § 664.6 Moving Party: Plaintiff American Express National Bank Resp. Party: None Plaintiff’s motion to vacate dismissal and enter judgment pursuant to Code of Civil Procedure section 664.6 is GRANTED.

  • Hearing

    Sep 22, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

MERCURY INSURANCE COMPANY VS JOSE RODRIGUEZ

MOTION TO VACATE DISMISSAL (CCP § 473(b)) TENTATIVE RULING: Plaintiff Mercury Insurance Company’s Motion to Vacate Dismissal is GRANTED. THE DISMISSAL ENTERED ON JANUARY 17, 2020 IS HEREBY VACATED. TRIAL DATE IS SET FOR JANUARY 26, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff Mercury Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Jose Rodriguez (“Defendant”) on April 30, 2019.

  • Hearing

    Sep 22, 2020

  • County

    Los Angeles County, CA

TANYA CRUZ VS SKATELAND ENTERPRISES INC

On 4/24/20, Plaintiff filed this motion to vacate dismissal. On 4/30/20, the Court entered Judgment in favor of Defendant in light of the summary judgment ruling. Motion to Vacate DismissalPlaintiff moves to vacate the 2/03/20 dismissal, which she contends was entered as a result of her attorney’s excusable failure to appear at the trial.

  • Hearing

    Sep 22, 2020

SILVA ABRAMIAN VS MICHAEL'S STORES INC.

PARTY: None MOTION TO SET ASIDE/VACATE DEFAULT (CCP § 473) TENTATIVE RULING: Plaintiff Silva Abramian’s Motion to Set Aside Dismissal is GRANTED. The dismissal entered on November 5, 2019 is HEREBY VACATED.

  • Hearing

    Sep 22, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

STEVEN BRUCE VS GOLDLINE INC ET AL

Conclusion: Plaintiff’s Motion to Set Aside Dismissal is GRANTED.

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

KENNETH WARD VS CANON HUMAN SERVICES CENTERS INC

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 October 7, 2019 dismissal is GRANTED and the action is reinstated. Trial is set for October 14, 2021 in Department 27 and the final status conference is set for October 7, 2021 in Department 27. Moving party to give notice.

  • Hearing

    Sep 21, 2020

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JULIUS DUN

.: BC710040 Hearing Date: September 21, 2020 [TENTATIVE] order RE: plaintiff’s motion to set aside dismissal Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) moves to set aside the Court’s order of December 16, 2019 in which the Court dismissed this action for failure to appear at trial.

  • Hearing

    Sep 21, 2020

AMERICAN EXPRESS V. SIMULA

Plaintiff’s Motion to Vacate Dismissal and Enter Judgment Against Defendant Pursuant to Code of Civil Procedure, § 664.6. In May 2019 plaintiff and defendant entered into a written stipulation wherein the case was settled.

  • Hearing

    Sep 18, 2020

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