Haye vs Jimmie Johnson Kearny Mesa Chevrolet

Case No.: 37-2019-00049465-CU-PO-CTL    

TENTATIVE RULING: PLAINTIFF VICKY HAYE'S MOTION TO SET ASIDE DISMISSAL OF DEFENDANT HENDRICK AUTOMOTIVE GROUP OR, IN THE ALTERNATIVE, MOTION FOR LEAVE TO AMEND COMPLAINT TO RE-ADD HENDRICK AUTOMOTIVE GROUP AS A DEFENDANT is GRANTED.

Plaintiff seeks to set aside the dismissal of Defendant Hendrick Automotive Group ("HAG"). "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc., § 473(b).) The motion "shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." (Code Civ. Proc., § 473(b).) On November 19, 2019, Plaintiff filed a Request for Dismissal as to HAG only. Plaintiff attempted by August 5, 2020 to set aside the dismissal via an ex parte motion. The motion was made more than........