Setting aside dismissal based on informal communication

Question

judge faces clearly inadvertent mistake by not legally educated party in informal agreement, that could not constitute settlement agreement, and plaintiff states clearly in motion for reconsideration that settlement was not achieved - presenting track record of informal communication. 
Is it responsibility of judge to set aside dismissal of legal action, that was entered based by mistaken plaintiff's decision to dismiss legal action after informal not formalized promise/intent by other party?

James L. Arrasmith · Answer

In California, judges have discretion to set aside dismissals under Code of Civil Procedure § 473(b) when there has been mistake, inadvertence, surprise, or excusable neglect. This is particularly relevant when dealing with self-represented litigants who may not fully understand legal procedures. 
 
If you can demonstrate that your dismissal was based on a misunderstanding of informal communications that did not rise to the level of an enforceable settlement agreement, the court should be receptive to reconsidering the dismissal. Your motion for reconsideration should clearly outline the timeline of events, emphasizing the informal nature of the communications and your prompt action in seeking to correct the mistake once realized. 
 
The court has an obligation to ensure access to justice, especially for self-represented parties acting in good faith. Given that you've documented the informal nature of the communications and clearly stated in your motion that no settlement was achieved, the judge should strongly consider setting aside the dismissal to prevent potential injustice. However, you must file your motion within a reasonable time frame - typically within six months of the dismissal - and clearly explain why your mistake was excusable under the circumstances.

Q: Setting aside dismissal based on informal communication