Case Number: KC065593    Hearing Date: April 28, 2014    Dept: O

RBS Citizens, N.A. v. Arvizu, et al. (KC065593)

Plaintiff RBS Citizens, N.A.’s MOTION TO VACATE DISMISSAL AND REINSTATE CASE

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff RBS Citizens, N.A.’s motion to vacate dismissal and reinstate case is GRANTED. Sanctions are imposed against Attorney Hull in the sum of $300.00, payable to the Clerk of the Court, within 30 days (CCP 473(c)). Default prove-up date per CCP 585(d) to be set at the hearing.

ATTORNEY FAULT:
The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect. (CCP 473(b).)

The court accepts Attorney Hull’s declaration of fault, attesting that he failed to obtain his client’s CCP 585 Declaration before the OSC deadline. (Hull Decl., Par. 3.) Motion is GRANTED.

SANCTIONS: (1) Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the following: (A) Impose a penalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party. (B) Direct that an offending attorney pay an amount no greater than one thousand dollars ($1,000) to the State Bar Client Security Fund. (C) GRANT OTHER RELIEF AS IS APPROPRIATE. (CCP 473(c).)

Sanctions are imposed against Attorney Hull in the sum of $300.00, payable to the Clerk of the Court, within 30 days. Proof of payment is to be filed with this court.