Plaintiff Marcia Robertson’s Motion to Set Aside Dismissal (erroneously labeled “Motion for Reconsideration of Order Dismissing Complaint”) is granted. The April 9, 2018 dismissal is vacated.
Plaintiff Marcia Robertson (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Gerald Usher, Natalie Robinson and Does 1-50 on October 7, 2016. A Non-Jury Trial was set for April 9, 2018. On April 9, 2018, the court dismissed the case without prejudice pursuant to CCP § 581(b)(3) after noting that proof of service of the summons and complaint had not been filed and no appearances were made. This provision reads that “[a]n action may be dismissed...[b]y the court, without prejudice, when no party appears for trial following 30 days’ notice of time and place of trial.” Plaintiff now moves to set aside the April 9, 2018 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake, inadvertence, surprise and excusable neglect of its attorney. Wheneve
Type
AUTO (Limited Jurisdiction)
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Plaintiff Marcia Robertson’s Motion to Set Aside Dismissal (erroneously labeled “Motion for Reconsideration of Order Dismissing Complaint”) is granted. The April 9, 2018 dismissal is vacated.
Plaintiff Marcia Robertson (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Gerald Usher, Natalie Robinson and Does 1-50 on October 7, 2016. A Non-Jury Trial was set for April 9, 2018. On April 9, 2018, the court dismissed the case without prejudice pursuant to CCP § 581(b)(3) after noting that proof of service of the summons and complaint had not been filed and no appearances were made. This provision reads that “[a]n action may be dismissed...[b]y the court, without prejudice, when no party appears for trial following 30 days’ notice of time and place of trial.” Plaintiff now moves to set aside the April 9, 2018 dismissal pursuant to CCP section 473, subdivision (b), based on the mistake, inadvertence, surprise and excusable neglect of its attorney. Wheneve