Tentative ruling issued by Judge Deborah C SERVINO on Apr. 20, 2018 in Orange County, CA - Case no: xxxxxCJC

Plaintiff’s Motion to Set Aside/Vacate Dismissal is granted. According to the moving papers, Plaintiff’s counsel did not receive notice of the 10/11/17 CMC or the 3/16/18 OSC re: Sanctions/Dismissal for Failure to Appear at the CMC, failure to file a CMC statement, failure to serve the Defendant, failure to prosecute, and, as a result, did not calendar either date. Plaintiff’s counsel did not receive any of the notices apparently because counsel was negligent and failed to provide to the Court any notice of change of mailing and electronic service addresses.
Plaintiff cites the wrong ground for relief, Code of Civil Procedure section 116.725, which applies to actions under the Small Claims Act. Nevertheless, the court construe….....