1) Motion to Vacate
2) Order to Show Cause re: Dismissal
3) Status Conference
The Motion by Plaintiffs Man Tran and Phuong Tran to vacate the voluntary dismissal of Defendant Cheng Dou on 12/5/19 is denied.
Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” Code Civ. Proc. § 473(b) provides for two types of relief. (Leader v. Health Industries of Am., Inc. (2001) 89 Cal. App. 4th 603, 615.) A court may grant discretionary relief upon the moving party’s showing of mistake, inadvertence, surprise or excusable neglect. (Id. at 615-616.) A court must grant mandatory relief upon a showing by an attorney declaration of mistake, inadvertence, surprise or neglect. (Id. at 616.) The mandatory relief provision is inapplicable to voluntary dismissals, dismissals for lapsing of the statute of limitations, failure to serve a complaint in a timel
Hearing Date
January 25, 2021
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1) Motion to Vacate
2) Order to Show Cause re: Dismissal
3) Status Conference
The Motion by Plaintiffs Man Tran and Phuong Tran to vacate the voluntary dismissal of Defendant Cheng Dou on 12/5/19 is denied.
Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” Code Civ. Proc. § 473(b) provides for two types of relief. (Leader v. Health Industries of Am., Inc. (2001) 89 Cal. App. 4th 603, 615.) A court may grant discretionary relief upon the moving party’s showing of mistake, inadvertence, surprise or excusable neglect. (Id. at 615-616.) A court must grant mandatory relief upon a showing by an attorney declaration of mistake, inadvertence, surprise or neglect. (Id. at 616.) The mandatory relief provision is inapplicable to voluntary dismissals, dismissals for lapsing of the statute of limitations, failure to serve a complaint in a timel