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
Hearing Date
August 02, 2018
Type
Breach Contrct/Warnty (Sellr Pltf) (General Jurisdiction)
Status
Dismissed - Other 04/13/2018
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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