state farm, Plaintiff, v. julius dunn, et al., Defendants.
Case No.: BC710040
Hearing Date: September 21, 2020
[TENTATIVE] order RE:
plaintiff’s motion to set aside dismissal
Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) moves to set aside the Court’s order of December 16, 2019 in which the Court dismissed this action for failure to appear at trial. Per Code of Civil Procedure, section 473, subdivision (b), a court may “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.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.).) “[W]hen relief under section 473 is available, there is a strong public policy in favor of granting relief and allowing the requesting party his or her day in court.” (Rapple
Hearing Date
September 21, 2020
Type
Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction)
Status
Court-Ordered Dismissal - Before Trial - Lack of Prosecution 12/16/2019
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state farm, Plaintiff, v. julius dunn, et al., Defendants.
Case No.: BC710040
Hearing Date: September 21, 2020
[TENTATIVE] order RE:
plaintiff’s motion to set aside dismissal
Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) moves to set aside the Court’s order of December 16, 2019 in which the Court dismissed this action for failure to appear at trial. Per Code of Civil Procedure, section 473, subdivision (b), a court may “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.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.).) “[W]hen relief under section 473 is available, there is a strong public policy in favor of granting relief and allowing the requesting party his or her day in court.” (Rapple