Plaintiff State Farm Mutual Automobile Insurance Company's unopposed motion to vacate the Court's dismissal is taken off calendar.
First, Plaintiff has not provided any legal authority showing service by mail on Defendant's counsel following dismissal of the case is enough to effectuate service.
Second, Plaintiff does not demonstrate how Code of Civil Procedure section 187 permits the Court to vacate the dismissal. Rather, voluntary dismissal of the action divests the Court of jurisdiction. (See, ROA 28 – Minute Order dated Aug. 8, 2019, ROA 29 – Notice of Dismissal by Court dated Aug. 8, 2019; ROA 34 – Notice of Dismissal dated Oct. 21, 2019.) Any request for retention of jurisdiction must be made prior to dismissal (while the action remains pending) and must be made in writing signed by the parties or orally before the court by the parties. (See, Mesa RHF Partners, LP v. City of Los Angeles (2019) 33 Cal.App.5th 913, 918.) The record does not reflect such a request was made.
Hearing Date
March 12, 2020
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Plaintiff State Farm Mutual Automobile Insurance Company's unopposed motion to vacate the Court's dismissal is taken off calendar.
First, Plaintiff has not provided any legal authority showing service by mail on Defendant's counsel following dismissal of the case is enough to effectuate service.
Second, Plaintiff does not demonstrate how Code of Civil Procedure section 187 permits the Court to vacate the dismissal. Rather, voluntary dismissal of the action divests the Court of jurisdiction. (See, ROA 28 – Minute Order dated Aug. 8, 2019, ROA 29 – Notice of Dismissal by Court dated Aug. 8, 2019; ROA 34 – Notice of Dismissal dated Oct. 21, 2019.) Any request for retention of jurisdiction must be made prior to dismissal (while the action remains pending) and must be made in writing signed by the parties or orally before the court by the parties. (See, Mesa RHF Partners, LP v. City of Los Angeles (2019) 33 Cal.App.5th 913, 918.) The record does not reflect such a request was made.