Plaintiffs' motion for an order dismissing the action for mootness and determining prevailing party is denied.
The motion to dismiss the action for mootness based on Code of Civil Procedure § 581(m) is denied. The Court is not persuaded that section 581(m) authorizes the requested relief. Plaintiffs may seek dismissal of their remaining claims pursuant to Code of Civil Procedure § 581(b). The motion to determine the prevailing party in the action is denied as premature. "[B]efore entry of judgment, there is technically no prevailing party." P R Burke Corp. v. Victor Valley Wastewater Reclamation Authority (2002) 98 Cal.App.4th 1047, 1052. In this case, judgment has not been entered. As such, the Court is unable to make a prevailing party determination at this time. Judicial notice is taken as requested.
Hearing Date
July 11, 2019
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
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Plaintiffs' motion for an order dismissing the action for mootness and determining prevailing party is denied.
The motion to dismiss the action for mootness based on Code of Civil Procedure § 581(m) is denied. The Court is not persuaded that section 581(m) authorizes the requested relief. Plaintiffs may seek dismissal of their remaining claims pursuant to Code of Civil Procedure § 581(b). The motion to determine the prevailing party in the action is denied as premature. "[B]efore entry of judgment, there is technically no prevailing party." P R Burke Corp. v. Victor Valley Wastewater Reclamation Authority (2002) 98 Cal.App.4th 1047, 1052. In this case, judgment has not been entered. As such, the Court is unable to make a prevailing party determination at this time. Judicial notice is taken as requested.