QUIROGA v. LIFE CARE CENTERS OF AMERICA, INC.
CASE NO.: BC567628
HEARING: 09/29/16

#2
TENTATIVE ORDER

Plaintiff FRANCES QUIROGA’s motion to set aside settlement is DENIED.

In December 2014, plaintiff filed the subject elder abuse action. On June 24, 2015, plaintiff filed a Notice of Settlement. That notice indicates the parties entered into a conditional settlement, and provided for a request for dismissal no later than August 15, 2015 (approximately 45 days later).

Beginning in June 2015, the Court calendared several Order to Show Cause re: Dismissal hearings. Each was continued by the parties. See Minute Orders, 10/22/15, 1/22/16, 4/28/16, 7/27/16. There is currently an OSC re: Dismissal set for September 30, 2016.

On September 2, 2016, plaintiff filed the subject motion seeking a court order vacating the settlement. Counsel does not cite any authority under which plaintiff is entitled to such relief. Draper v. Workers’ Comp. Appeals Bd. (1983) 147
Cal.App.3d 502 invo