Case Number: BC555490??? Hearing Date: May 11, 2016??? Dept: 98
GUILLERMO GARCIA, et al.,
Plaintiffs,
vs.
DOLORES IMELDA FLORES,
Defendant.
Case No.: BC555490
[TENTATIVE] ORDER RE: PLAINTIFFS? MOTION TO SET ASIDE DISMISSALDept. 98
1:30 p.m.
May 11, 2016
On August 22, 2014, Plaintiffs Guillermo Garcia and Maria Gomez (?Plaintiffs?) filed this action for alleged damages arising out of a May 23, 2013 vehicle collision. On the April 8, 2016 trial date, there were no appearances by Plaintiffs when this matter was called. This Court therefore ordered Plaintiffs? action dismissed. Plaintiffs? Counsel states that he arrived at approximately 8:45 a.m. on April 8, 2016 and that his late arrival was due to heavy traffic and wet road conditions. Upon Counsel?s arrival, he was informed that the matter had already been called and dismissed. Plaintiffs now moves to set aside dismissal.
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. Cal. Code of Civ. Proc. ? 473(b).
The Court finds that dismissal of this action was caused by Counsel?s inadvertence and excusable neglect. Therefore, Plaintiffs? Motion to set aside the dismissal is GRANTED. A Final Status Conference is set for May 26, 2016 at 10:00 a.m. in Department 98. Trial is set for June 8, 2016 at 8:30 a.m. in Department 98.
Dated this 11th day of May, 2016
Hon. Holly J. Fujie
Judge of the Superior Court