Hatlevig

I.

BACKGROUND

In February 2021, Hatlevig sued GM as the manufacturer of an allegedly defective vehicle he bought in 2017. The parties reached a settlement by which Hatlevig agreed to surrender the vehicle and to dismiss the action and GM agreed to pay him $100,000. The parties agreed Hatlevig was the prevailing party for purposes of attorney fees, and GM would pay Hatlevig the amount of fees determined by the trial court upon noticed motion. Hatlevig’s counsel notified the trial court of the settlement at a trial readiness conference on June 2, 2023. The court took all pending matters off calendar and ordered a dismissal filed within 45 days. On July 11, 2023, the clerk generated a “NOTICE OF DISMISSAL BY COURT,” which stated the “CASE [WOULD BE] DEEMED DISMISSED WITHOUT PREJUDICE ON 08/15/2023” unless a judgment or dismissal was filed or a party appeared ex parte and showed good cause why the case should not be dismissed. The clerk mailed the notice to the parties on July 12, 2023. Neither event specified in the notice occurred by August 15, 2023. On August 31, 2023, Hatlevig filed a motion for attorney fees. The trial court set a hearing for April 26, 2024. Hatlevig served the…