ALLIED BUILDING PRODUCTS v. SOUTHWEST GROUP CA, INC.

CASE NO.: VC065560

HEARING: 08/02/18

TENTATIVE ORDER

Cross-Complainant JOHNSON ROOFING SERVICES’ motion to vacate dismissal is DENIED without prejudice. CCP § 473(b).

Opposing Party to give notice.

No Opposition filed as of August 1, 2018.

“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. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted....” (emphasis added.) (CCP §473(b).)

Here, Moving Party failed to attach a copy of its proposed answer or pleading to the instant application. The terms of CCP §473(b) are mandatory, compliance is not optional. Accordingly, JOHNSON ROOFING SERVICES’ motion is procedurally defec