The court denies without prejudice Plaintiffs Carlos Gomez, Amada Jellow, Marcus Futch, Edwin Palma, Pablo Sanchez, Angel Diaz, Abjoulaye Ly, Hector Rosales, John Daclan and Ruben Segura’s motion to set aside their February 16, 2018 dismissal of DOES 1-50. Each fact in the memorandum of facts should be based on evidence attached to the motion, followed by a precise reference to such evidence. (Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573, 578 [matters set forth in unverified “statement of facts” are not evidence and cannot provide basis for granting motion].) Here, the Memorandum of Points and Authorities explains that Plaintiffs’ counsel only intended to dismiss DOES 5-50. But, the Declaration of Allen Feghali filed in support of this Motion does not state this key fact. Instead, it discusses unrelated parties in an unrelated case. The court cannot grant either mandatory or discretionary relief pursuant to Code of Civil Procedure section 473, because there are no f
Hearing Date
May 11, 2018
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The court denies without prejudice Plaintiffs Carlos Gomez, Amada Jellow, Marcus Futch, Edwin Palma, Pablo Sanchez, Angel Diaz, Abjoulaye Ly, Hector Rosales, John Daclan and Ruben Segura’s motion to set aside their February 16, 2018 dismissal of DOES 1-50. Each fact in the memorandum of facts should be based on evidence attached to the motion, followed by a precise reference to such evidence. (Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573, 578 [matters set forth in unverified “statement of facts” are not evidence and cannot provide basis for granting motion].) Here, the Memorandum of Points and Authorities explains that Plaintiffs’ counsel only intended to dismiss DOES 5-50. But, the Declaration of Allen Feghali filed in support of this Motion does not state this key fact. Instead, it discusses unrelated parties in an unrelated case. The court cannot grant either mandatory or discretionary relief pursuant to Code of Civil Procedure section 473, because there are no f