TENTATIVE RULING
Abbey Restaurants and Bars USA et al. v. Michael Goss, Case No. 20SMCV00846
Hearing Date 7/8/2020
Plaintiff’s Ex Parte Application to Seal the Action and Case File and Set Aside Dismissal
Plaintiffs filed this action on June 26, 2020, alleging defamation and trade libel. Plaintiffs’ complaint allegedly “included and disclosed erroneous information and wrongly, and in a faulty manner, confused parties and material witnesses.” Motion at pg. 3. Plaintiffs dismissed the complaint without prejudice, and now seek to have the entire complaint sealed to protect plaintiffs’ privacy rights. Plaintiffs also move to set aside the dismissal of the initial complaint.
The court will grant plaintiffs’ ex parte motion to set aside dismissal. CCP 437. Voluntary dismissal can be set aside on a showing of inadvertence and neglect. Jackson v. Kaiser Foundation Hospitals, Inc. (2019) 32 Cal.App.5th 166, 174. Plaintiffs make an adequate showing.
Under California Rule of Court 2.550(d),
Hearing Date
July 08, 2020
Type
Defamation (slander/libel) (General Jurisdiction)
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TENTATIVE RULING
Abbey Restaurants and Bars USA et al. v. Michael Goss, Case No. 20SMCV00846
Hearing Date 7/8/2020
Plaintiff’s Ex Parte Application to Seal the Action and Case File and Set Aside Dismissal
Plaintiffs filed this action on June 26, 2020, alleging defamation and trade libel. Plaintiffs’ complaint allegedly “included and disclosed erroneous information and wrongly, and in a faulty manner, confused parties and material witnesses.” Motion at pg. 3. Plaintiffs dismissed the complaint without prejudice, and now seek to have the entire complaint sealed to protect plaintiffs’ privacy rights. Plaintiffs also move to set aside the dismissal of the initial complaint.
The court will grant plaintiffs’ ex parte motion to set aside dismissal. CCP 437. Voluntary dismissal can be set aside on a showing of inadvertence and neglect. Jackson v. Kaiser Foundation Hospitals, Inc. (2019) 32 Cal.App.5th 166, 174. Plaintiffs make an adequate showing.
Under California Rule of Court 2.550(d),