Santana

statement of the case. On January 24, 2024, the trial court called the case for trial at 8:30 a.m., and neither party appeared. As a result, the trial court ordered Santana’s complaint dismissed without prejudice under California Code of Civil Procedure1 section 581, subdivision (b)(3). The order was served on the parties the same day. On January 29, 2024, Santana filed a motion for reconsideration seeking relief under section 1008, subdivision (a), and section 473, subdivision (b). In that motion, Santana’s trial counsel filed a declaration attesting that he was in the restroom when the case was called, and explaining that he arrived in the courtroom at 8:45 a.m. However, the trial court’s minute order noted that plaintiff’s counsel arrived in the courtroom at 9:02 a.m. Perez did not file an opposition to the Santana’s motion for reconsideration. On March 18, 2024, the trial court denied the motion for reconsideration. Initially, the trial court ruled that plaintiff failed to show that section 1008 governed because

1 All further statutory citations are to the Code of Civil Procedure unless otherwise noted.

2 plaintiff did not make “ ‘an application for an order’ ” as required…