Corsini v. Johnson, et al.

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Defendant / Cross-Complainant Yvonne Johnson’s Motion to Set Aside Dismissal of Third Amended Cross-Complaint is GRANTED. The dismissal entered on August 13, 2019 is hereby vacated.

ANALYSIS:

On March 9, 2017, Plaintiff Elizabeth Corsini (“Corsini”) filed the instant action claiming that Defendant Yvonne Johnson (“Johnson”) breached the parties’ “Unlawful Detainer Stipulation and Judgment” filed October 11, 2016 in Johnson v. Corsini, LASC Case No. 16F04543 (“Unlawful Detainer action”). The Complaint seeks $5,259.51 in damages: $2,000.00 owed pursuant to the stipulated judgment and $3,259.51 for moving expenses. (Compl., ¶BC-2.)

On August 29, 2018, Johnson filed a Third Amended Cross-Complaint alleging Corsini breached the agreement by failing to file an Acknowledgment of Satisfaction of Judgment, or remove the lien on Johnson’s property. On August 12, 2019, Johnson filed a request to dismi