Tentative ruling issued by Judge William D. Stewart on Jan. 20, 2017 in Los Angeles County, CA - Case no: xxxxx251

Lee v Chui

MOTION TO SET AISDE DISMISSAL

Calendar: 6 Case No: EC064251 Date: 1/20/17

MP: Plaintiff, James LiRP: None

RELIEF REQUESTED: Order setting aside the dismissal of the case

DISCUSSION: This case arises from the claim of Poshan Lee that she has a right under an assignment from James Li and then Kitmig Lee to the property at 9333 Guess St., Rosemead, CA. Poshan Lee seeks a declaration of rights and a judicial foreclosure on the property to recover a $30,000 promissory note. Poshan Lee then assigned her interest in the property to James Li and he substituted into the case as the Plaintiff. The Plaintiff filed a voluntarily dismissal of the action without prejudice on August 12, 2016. This hearing concerns the Plaintiff’s request to set aside the dismissal under CCP section 473(b). The Plaintiff states in his declaration that he dismissed the action when he was depressed and unable to perform legal research out of concern that h….....