Order: EARL, ROBERT VS GUVEN UZEN MD

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                                SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
                                            Civil Division
                     Central District, Stanley Mosk Courthouse, Department 94

15K15619                                                                          January 30, 2019
EARL, ROBERT vs GUVEN UZEN MD                                                            8:30 AM


Judge: Honorable Jon R. Takasugi                   CSR: None
Judicial Assistant: S. Gabb                        ERM: Electronically Recorded
Courtroom Assistant: S. Shumate                    Deputy Sheriff: None

APPEARANCES:
For Plaintiff(s): Jasminder Gill for: PACIFIC COAST INJURY LAW CENTER
For Defendant(s): No Appearances




NATURE OF PROCEEDINGS: Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)

The Court's tentative ruling is posted online and in open court for parties to review.

The matter is called for hearing.

After hearing oral argument, the Court adopts its tentative ruling as MODIFIED, as follows:

Plaintiffs Robert Earl, Mauria McPoland, Law Offices of Jasminder Gill, PC’s Motion to Vacate
Dismissal is GRANTED. The dismissal of Defendant Mid Valley Surgery Center is hereby
vacated. Plaintiffs to brief the Court on Defendant Algos, Inc.’s dismissal at the hearing.

I. Background

This interpleader action involves multiple Plaintiffs and Defendants. On October 20, 2017,
Plaintiffs Robert Earl, Mauria McPoland, Law Offices of Jasminder Gill, PC (collectively,
“Plaintiffs’) named Algos, Inc. (‘Algos”) as Doe 4. There is no record of Algos having been
dismissed from this action. On October 11, 2018, Plaintiffs dismissed Defendant Mid Valley
Surgery Center (“MVSC”) from this action.

On January 10, 2019, Plaintiffs filed a Motion to Vacate Dismissal (the “Motion”) under the
mandatory provision of CCP § 473(b), asking the Court to vacate the dismissals of Algos and
MVSC.

II. Legal Standard

“Notwithstanding any other requirements of this section, the 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,
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