STATE FARM MUTUAL AUTOMOBILE VS FARLEY, LYNETTE MARIE

Case No.: 15K09596    

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Set Aside Dismissal is DENIED, without prejudice.

Discussion

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Lynette Marie Farley (“Defendant”) on August 5, 2015. On October 17, 2017, the court dismissed the action due to Plaintiff’s failure to appear at the OSC re entry of default / dismissal. On February 28, 2018, the court granted Plaintiff’s motion to vacate the dismissal based on its attorneys’ mistake and neglect. The court reset the OSC re entry of default / dismissal for August 28, 2018. Plaintiff again failed to appear at the OSC and the court again dismissed the action without prejudice.

Plaintiff filed the instant motion on February 7, 2019 and again moves for relief from the dismissal pursuant to Code of Civil Procedure, section 473, su........