Motions: Vacate notice of settlement; specially set trial date
Tentative Ruling:
To deny the motion to vacate the notice of settlement filed by Plaintiff September 21, 2015 (Cal. Rules of Court, rule 3.1385(b)), rendering the motion to specially set a trial date moot.
IF ORAL ARGUMENT IS REQUESTED, IT WILL BE ENTERTAINED ON THURSDAY, MAY 19, 2016 AT 3:00 PM.
Explanation:
“The only decision before the court at a rule 3.1385 hearing is whether to dismiss the case or restore it to the civil active list.” (Irvine v. Regents of University of California (2007) 149 Cal.App.4th 994, 1001.) California Rules of Court, Rule 3.1385, requires a plaintiff to notify the court immediately upon settlement of the case. (Cal. Rules of Court, rule 3.1385(a)(1).) Where a settlement is conditional, the party giving notice must specify the date by which a dismissal is to be filed. (Cal. Rules of Court, rule 3.1385(c).) If the party required to file a request for dismissal fails to do so within 45 days after
Hearing Date
May 17, 2016
Type
15 Unlimited - Other Employment
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Motions: Vacate notice of settlement; specially set trial date
Tentative Ruling:
To deny the motion to vacate the notice of settlement filed by Plaintiff September 21, 2015 (Cal. Rules of Court, rule 3.1385(b)), rendering the motion to specially set a trial date moot.
IF ORAL ARGUMENT IS REQUESTED, IT WILL BE ENTERTAINED ON THURSDAY, MAY 19, 2016 AT 3:00 PM.
Explanation:
“The only decision before the court at a rule 3.1385 hearing is whether to dismiss the case or restore it to the civil active list.” (Irvine v. Regents of University of California (2007) 149 Cal.App.4th 994, 1001.) California Rules of Court, Rule 3.1385, requires a plaintiff to notify the court immediately upon settlement of the case. (Cal. Rules of Court, rule 3.1385(a)(1).) Where a settlement is conditional, the party giving notice must specify the date by which a dismissal is to be filed. (Cal. Rules of Court, rule 3.1385(c).) If the party required to file a request for dismissal fails to do so within 45 days after