Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: Is it correct sequence of events for motion to set aside dismissal against defendant?

1. Plaintiff schedules hearing on setting dismissal against defendant.

2. Plaintiff files motion to set aside, declaration, proposed order, and amended complaint (third)

3. Court decides to accept or reject motion, and complaint.

4. Plaintiff serves documents on defendant, against whom dismissal was entered.

5. At the hearing decision is made about setting aside dismissal.

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Under California law, the sequence of events for a motion to set aside dismissal against a defendant typically follows a specific procedure. Firstly, the plaintiff would schedule a hearing on setting aside the dismissal against the defendant. This step allows for the court to review the motion and any accompanying documents. Following this, the plaintiff would file the motion to set aside along with a declaration, proposed order, and any relevant amended complaints. These documents are crucial for presenting the plaintiff's argument to the court and requesting the dismissal to be set aside.

Once these documents are filed, the court will then decide whether to accept or reject the motion and accompanying complaint. This decision is based on various factors, including the merits of the plaintiff's arguments and any legal grounds for setting aside the dismissal. If the court accepts the motion, the plaintiff must then serve these documents on the defendant against whom the dismissal was entered. This ensures that the defendant is aware of the proceedings and has the opportunity to respond or appear at the hearing.

Finally, at the scheduled hearing, a decision is made regarding the setting aside of the dismissal. The court will consider arguments from both parties, review any evidence presented, and make a determination based on the applicable law. This decision can have significant implications for the case moving forward, as it may allow the plaintiff to proceed with their claims against the defendant. It's important to follow these steps carefully and adhere to all procedural requirements outlined by California law to ensure the best possible outcome in your case.

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