Case Name: Prado, et al. v. Stoytchev, et al.
Case No.: SC122980
Hearing: 9-15-20
Calendar #: 5
______________________________________________________________________________
SUBJECT: MOTION FOR THE OPPOSITION TO PLAINTIFF’S REQUEST TO DISMISS WITHOUT PREJUDICE
MOVING PARTY: Defendant Alesia Cook (in pro per)
RESP. PARTY: None as of 9-5-20
TENTATIVE RULING
Defendant Cook’s Motion for the Opposition to Plaintiff’s Request to Dismiss without Prejudice is DENIED. Cook failed to file a proof of service of the motion. Regardless, Plaintiffs’ request to dismiss this action was granted and entered on 2-20-20. Cook’s request is therefore moot. Moreover, subject to certain exceptions that do not apply here, a plaintiff has an unfettered right to voluntarily dismiss the action by written request. See CCP §581(b)(1). Cook’s reliance on Pace v. Express Co (7th Cir. 1969) 409 F.2d 331 is misplaced, as it is a federal case involving dismissal of class actions. There is no applicable authori
Hearing Date
September 15, 2020
Type
Other Complaint (non-tort/non-complex) (General Jurisdiction)
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Case Name: Prado, et al. v. Stoytchev, et al.
Case No.: SC122980
Hearing: 9-15-20
Calendar #: 5
______________________________________________________________________________
SUBJECT: MOTION FOR THE OPPOSITION TO PLAINTIFF’S REQUEST TO DISMISS WITHOUT PREJUDICE
MOVING PARTY: Defendant Alesia Cook (in pro per)
RESP. PARTY: None as of 9-5-20
TENTATIVE RULING
Defendant Cook’s Motion for the Opposition to Plaintiff’s Request to Dismiss without Prejudice is DENIED. Cook failed to file a proof of service of the motion. Regardless, Plaintiffs’ request to dismiss this action was granted and entered on 2-20-20. Cook’s request is therefore moot. Moreover, subject to certain exceptions that do not apply here, a plaintiff has an unfettered right to voluntarily dismiss the action by written request. See CCP §581(b)(1). Cook’s reliance on Pace v. Express Co (7th Cir. 1969) 409 F.2d 331 is misplaced, as it is a federal case involving dismissal of class actions. There is no applicable authori