Motion to Set Aside/Vacate Dismissal (CCP 473)
25CV157775: BENJAMIN, et al. vs BUTLER, INDIVIDUALLY AND AS TRUSTEE OF THE BUTLER FAMILY TRUST 05/27/2026 Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) filed by Andrew Coleman (Plaintiff) CRS# 639502344054 in Department 20
Tentative Ruling - 05/21/2026 Karin Schwartz
The Motion for Order Set Aside Dismissal with Prejudice filed by Andrew Coleman on 04/30/2026 is Granted.
Plaintiffs Alicia Benjamin, Andrew Coleman, and Amira Colemans unopposed Motion to Set Aside Dismissal with Prejudice is GRANTED.
Plaintiffs move to set aside the dismissal with prejudice entered on this action on December 9, 2025 as to Andrew Coleman and Amira Coleman pursuant to Code of Civil Procedure section 473(b). Plaintiffs state that counsel made an inadvertent clerical error on Judicial Council Form CIV-110, and checked box 1.b(5) instead of 1.b(6). Counsel had intended to dismiss only Plaintiff Alicia Benjamins claims; Andrew Coleman and Amira Coleman did not authorize dismissal of their claims. (Snyder Decl. ¶ 2.) Upon discovering the error within 2 weeks of entry of dismissal, counsel reserved a hearing date for the instant motion. (Id. ¶ 4.) While the parties appear to be moving towards settlement, Plaintiffs counsel does not have an executed settlement agreement nor settlement payment. (Id. ¶¶ 5-7.)
The general underlying purpose of C.C.P. § 473 is to promote determination of actions on their merits. (Austin v. Los Angeles Unified School District (2016) 244 Cal.App.4th 918, 928.) Any doubts in applying section 473 must be resolved in favor of the party seeking relief from default. (Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 980.0 Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. (Elston v. City of Turlock (1985) 38 Cal. 3d 227, 233 [internal citations omitted].) In such situations very slight evidence will be required to justify a court in setting aside the default. (Id.)
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Plaintiffs motion is GRANTED. Dismissal of the entire action with prejudice entered on December 9, 2025 is hereby VACATED.
The Court SETS an initial Case Management Conference for July 8, 2026.
Initial Case Management Conference is scheduled for 07/08/2026 at 03:00 PM in Department 20 at Rene C. Davidson Courthouse.
If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the 25CV157775: BENJAMIN, et al. vs BUTLER, INDIVIDUALLY AND AS TRUSTEE OF THE BUTLER FAMILY TRUST 05/27/2026 Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) filed by Andrew Coleman (Plaintiff) CRS# 639502344054 in Department 20 Tentative Ruling will become the order of the court.
HOW DO I CONTEST A TENTATIVE RULING?
THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select "Search" 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select "Click to Contest this Ruling" 7. Enter your Name and Reason for Contesting 8. Select "Proceed" BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.
BOTH ECOURT AND EMAIL notices are required.