Case Number: BC612373 Hearing Date: March 12, 2018 Dept: 92

BORIS SMORODINSKY,

Plaintiff,

vs.

PATRICK ARTNER,

Defendant.

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CASE NO: BC612373

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL

Dept. 92

1:30 p.m.

March 12, 2018

Plaintiff Boris Smorodinsky (“plaintiff”) moves the court for an order, per CCP § 473, setting aside the October 19, 2017 dismissal of the above-captioned case and restoring it to the active calendar.

Plaintiff’s motion is granted. “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…Notwithstanding any other requirements of this section, 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).

Plaintiff’s counsel represents that he failed to appear at the October 19, 2017 Order to Show Cause re: Dismissal for failure to obtain default judgment because he believed that the OSC was issued before plaintiff submitted his prove-up package. Counsel attests that he did not believe the October 19, 2017 was served after plaintiff’s default prove-up package was rejected by the court.

The court finds that relief is mandatory. The motion is granted, and the case is ordered restored to the civil active list. The Court sets an OSC re Dismissal for failure to obtain a default judgment for 6/5/18 @ 8:30 am.