James, et al. v. American Honda Motor Company, Inc., et al.

(Stanley Mosk Courthouse: Dept. 310) September 11, 2026 DEPARTMENT 310 LAW AND MOTION RULINGS Submit on the tentative ruling by contacting the courtroom via email at smcdept310@lacourt.ca.gov by no later than 4:00 p.m. the day before the hearing. Copy all parties on the email. The email subject line must state the case name and number, submitting or not submitting, hearing date and party type.

Judge Kevin C. Brazile Department 310 Hearing Date: September 11, 2026 Case Name: James, et al. v. American Honda Motor Company, Inc., et al. Case No.: 21STCV29618 Matter: Motion to Set Aside Dismissal Moving Party: Plaintiffs Veloria James and Steven James Responding Party: Unopposed Notice: OK Ruling: The Motion is granted. Moving party to give notice. The Court encourages all parties to appear remotely via LA CourtConnect. If submitting on the Court's tentative ruling, please follow the instructions provided above.

On June 11, 2026, the Court dismissed this action when Plaintiffs Veloria James and Steven James failed to appear at trial. Plaintiffs now seek to set aside the dismissal of this action based on both the mandatory and discretionary provisions of CCP Sec. 473(b).

The mandatory provision of Code Civ. Proc. Sec. 473(b) provides in relevant part, "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.

The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties."

"[A]n attorney affidavit of fault under the mandatory relief provisions of section 473, subdivision (b) need not include an explanation of the reasons for the attorney's mistake, inadvertence, surprise, or neglect." (Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal. App. 4th 432, 443.) Moreover, under this mandatory provision "it does not matter whether [counsel's] neglect was excusable or inexcusable." (Ibid.)

For the mandatory provision of Code Civ. Proc. Sec. 473(b) to apply, the dismissal must "be the procedural equivalent of [a] default[] . . . ." (Leader v. Health Indus. of America, Inc. (2001) 89 Cal.App.4 th 603, 618.) Examples of dismissals which are the equivalent of a default are dismissals resulting from counsel's failure to respond to discovery such that terminating sanctions are imposed (Rodriguez v. Brill (2015) 234 Cal.App.4 th 715, 719), counsel's failure to oppose a dismissal motion (Bernasconi Comm'l Real Estate v. St. Joseph's Regional Healthcare System (1997) 57 Cal.App.4 th 1078, 1082), and counsel's failure to tender fees for transfer of venue. (Gee v. Estate of Jewett (2016) 6 Cal.App.5 th 477, 491.)

Here, the dismissal was apparently only entered because Plaintiffs did not appear due to counsel's calendaring mistake. There being a sufficient attorney declaration of fault, the Motion is granted. (CCP Sec. 473(b).) Moving party to give notice.

Case Number: 25STLC04208 Hearing Date: September 11, 2026 Dept: 310 Tentative Ruling Judge Kevin C. Brazile Department 310