Whitten vs. Peacock

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# Case Name Tentative

1. 2023-1324110 Whitten vs. Plaintiff Lara Whitten’s Motion to Set Aside Dismissal is denied. Peacock Plaintiff moves under CCP section 473 for an order setting aside the dismissal entered on 1/8/26 (ROA 64) The record reflects this action was ordered to arbitration on or about 9/1/23, and these proceedings were stayed pending the arbitration. (ROA 25.) On 1/8/26, the parties appeared before the court for a status conference re: the arbitration proceedings. The Court granted Defendants’ oral motion to dismiss these proceedings based upon the finding that the arbitration had been dismissed. (ROA 64) Relief under section 473 is not available, because the dismissal was not the result of “mistake, inadvertence, surprise, or excusable neglect.” (Code Civ.

Proc., § 473, subd. (b).) Rather, these proceedings were dismissed in accordance with the rule that, if the arbitrator dismisses the arbitration, the court should “enforce[] it by itself dismissing the underlying civil action in accordance with the terms of [the Code].” (