danielle dotson, et al., Plaintiffs, v. rodney wellington, et al., Defendants.
Case No.: BC712222
Hearing Date: September 14, 2020
[TENTATIVE] order RE:
plaintiffS’ motion to set aside dismissal
Plaintiffs Danielle Dotson, Kavin Dotson, Jr., Dominique Dotson, and Donna Dotson (“Plaintiffs”) move to set aside the Court’s order of December 30, 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 request
Hearing Date
September 14, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
Status
Court-Ordered Dismissal - Before Trial - Lack of Prosecution 12/30/2019
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danielle dotson, et al., Plaintiffs, v. rodney wellington, et al., Defendants.
Case No.: BC712222
Hearing Date: September 14, 2020
[TENTATIVE] order RE:
plaintiffS’ motion to set aside dismissal
Plaintiffs Danielle Dotson, Kavin Dotson, Jr., Dominique Dotson, and Donna Dotson (“Plaintiffs”) move to set aside the Court’s order of December 30, 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 request