MOTION TO VACATE DISMISSAL

(CCP § 473(b), mandatory)

TENTATIVE RULING:

Plaintiff Alliance United Insurance Co.’s Motion to Vacate Dismissal is GRANTED. The dismissal of this action is hereby VACATED. The Court will sign the order vacating the dismissal.

Trial is set for June 6, 2019 at 8:30 a.m. in Department 94. All discovery cut-off dates follow the new trial date.

Discussion

Less than six months after the dismissal, Plaintiff timely brought this Motion as required by the mandatory provision of CCP § 473(b).

Plaintiff submits a sworn affidavit from its counsel Brian P. Tapper, who states that he “inadvertently and mistakenly told [his] calendar secretary that the September 12, 2018 hearing date was off calendar. Thereafter, [his] calendar secretary [crossed out] the September 12, 2018 hearing date on the court calendar and wrote in ‘off’. As a result, PLAINTIFF failed to appear at [trial] and the Court dismissed this case without prejudice.” (Tapper Decl. ¶ 4.) “[A]s this text