Request to Dismiss Class Allegations
Plaintiff has moved to dismiss the class action allegations in his complaint, without prejudice, pursuant to California Rules of Court, rule 3.770(a).
As the Court reads rule 3.770 in its entirety, dismissal of any party to a class action, even if the class action has not yet been certified, requires court approval. However, Plaintiff has already filed a Request for Dismissal, with prejudice, as to his individual claims, which has been entered by the clerk. Procedurally, the case seems to have already been dismissed, albeit not in accordance with rule 3.770. Plaintiff's counsel are hereby ordered to submit supplemental briefing setting forth the legal authority pursuant to which this Court can rule on a motion to dismiss class allegations in an action they purport still exists when a dismissal as to the only named Plaintiff with prejudice has been entered. Plaintiff's counsel is ordered to submit such briefing on or before January 11, 2017.
Hearing Date
January 10, 2017
Category
Civil - Unlimited
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Request to Dismiss Class Allegations
Plaintiff has moved to dismiss the class action allegations in his complaint, without prejudice, pursuant to California Rules of Court, rule 3.770(a).
As the Court reads rule 3.770 in its entirety, dismissal of any party to a class action, even if the class action has not yet been certified, requires court approval. However, Plaintiff has already filed a Request for Dismissal, with prejudice, as to his individual claims, which has been entered by the clerk. Procedurally, the case seems to have already been dismissed, albeit not in accordance with rule 3.770. Plaintiff's counsel are hereby ordered to submit supplemental briefing setting forth the legal authority pursuant to which this Court can rule on a motion to dismiss class allegations in an action they purport still exists when a dismissal as to the only named Plaintiff with prejudice has been entered. Plaintiff's counsel is ordered to submit such briefing on or before January 11, 2017.