TENTATIVE RULING
Plaintiff's motion to vacate dismissal and enter judgment pursuant to stipulation is GRANTED. Discussion
Plaintiff moves to vacate the dismissal without prejudice and to enter judgment against defendant for $1,509.84 in accordance with the parties' stipulation. ROA # 49 at pp.3-5. Plaintiff asserts that when the Court dismissed the action without prejudice, it retained jurisdiction under Code of Civil Procedure section 664.6. Shahine Decl. ¶ 3, Exh.2. Notice of the motion appears proper; defendant did not file an opposition.
A party generally must file a request for dismissal of the entire case within 45 days after the date of settlement of the case. Cal. R. Ct., rule 3.1385(d). The Court "must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed." Id. However, where a notice of conditional settlement is filed and served, it extends the case disposition time to 45 days after the dismis
Hearing Date
November 19, 2020
Type
Rule 3.740 Collections
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TENTATIVE RULING
Plaintiff's motion to vacate dismissal and enter judgment pursuant to stipulation is GRANTED. Discussion
Plaintiff moves to vacate the dismissal without prejudice and to enter judgment against defendant for $1,509.84 in accordance with the parties' stipulation. ROA # 49 at pp.3-5. Plaintiff asserts that when the Court dismissed the action without prejudice, it retained jurisdiction under Code of Civil Procedure section 664.6. Shahine Decl. ¶ 3, Exh.2. Notice of the motion appears proper; defendant did not file an opposition.
A party generally must file a request for dismissal of the entire case within 45 days after the date of settlement of the case. Cal. R. Ct., rule 3.1385(d). The Court "must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed." Id. However, where a notice of conditional settlement is filed and served, it extends the case disposition time to 45 days after the dismis