Notice Of Motion And Motion To Vacate Dismissal
Set for Law and Motion/Discovery Calendar on Thursday, April 16, 2026, Line 1.
Plaintiff United Financial Casualty Company's Motion To Vacate Dismissal is GRANTED. Plaintiff moves under Code of Civil Procedure section 473(b), which provides: "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."
The court entered a dismissal without prejudice on 9/9/2025. On 3/4/2026, Plaintiff filed this motion. Counsel's affidavit demonstrates the dismissal was entered due to counsel's mistake. Good cause appearing, the court orders the 9/9/2025 dismissal vacated and restores this action to the trial calendar. Prior to the time set for hearing, Moving Party shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |
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