Case Number: 21STCV16669 Hearing Date: September 1, 2022 Dept: 31
MOTION TO SET ASIDE/VACATE DISMISSAL IS DENIED
On April 30, 2021, Plaintiff pro se Briand Williams as an individual and class representative filed a Complaint against the Los Angeles County Sheriff’s Department; County of Los Angeles, Los Angeles County Sherriff’s Department of Medical Services; Integrated Correctional Health Services; Correctional Health Services Department of Health Services Los Angeles County, Health Information Management, John Does and Jane Does Medical Practitioners, and Does 1 to 200. The Complaint alleges negligence and violations of the Ralph Act.
Since Plaintiff twice failed to appear at scheduled court hearings, first the Case Management Conference and then at the OSC re Dismissal, Plaintiff’s Complaint was dismissed on September 23, 2021, without prejudice. (Min. Order 09/23/21.)
On August 05, 2022, Plaintiff filed a Motion to Set Aside/Vacate the Dismissal.
California Code of Civil Procedure section 473 subdivision (b) provides for both discretionary and mandatory relief. (See Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Mandatory relief from default, default judgment, or dismissal is available based on an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25-26.) Discretionary relief is available based on the party’s own declaration or other evidence showing mistake, inadvertence, surprise, or excusable neglect. (Id.)
Under the discretionary relief provision, the application for 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, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473 subd. (b).)
California Code of Civil Procedure section 473 subdivision (b) sets the jurisdictional time limit for filing a motion to set aside a dismissal as six months. The Court has no authority to consider late filed motions. Here, Plaintiff’s motion is untimely because it was filed eleven months filed after the six-month deadline. the Court has no discretion to extend a jurisdictional time limit set by the Legislature.
Accordingly, Plaintiff’s motion to set aside/vacate dismissal is DENIED.
Plaintiff’s Motion to Set Aside/Vacate Dismissal of the Complaint is DENIED.
Clerk to give notice.