Stipulated Joint Motion to Terminate Stay and Dismiss Class Action GRANTED.
The parties refer to California Rules of Court, rule 3.525 but that covers responses in opposition to a petition for coordination of cases. It is inapplicable here and does not apply to stays as they contend. Instead, they appear to mean California Rules of Court, rule 3.515, governing stays. Subdivision (g) states, as they contend, “[i]f a stay order is issued, the party that requested the stay must serve and file a copy of the order in each included action that is stayed. Thirty or more days following issuance of the stay order, any party that is subject to the stay order may move to terminate the stay.” Emphasis added.
California Rules of Court, rule 3.770 governs dismissal of class actions and requires court approval prior to dismissal of a class action. Where the class has not been certified, it allows dismissal with notice as the court finds appropriate, and allows dismissal without notice to the class me
Hearing Date
July 15, 2020
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Stipulated Joint Motion to Terminate Stay and Dismiss Class Action GRANTED.
The parties refer to California Rules of Court, rule 3.525 but that covers responses in opposition to a petition for coordination of cases. It is inapplicable here and does not apply to stays as they contend. Instead, they appear to mean California Rules of Court, rule 3.515, governing stays. Subdivision (g) states, as they contend, “[i]f a stay order is issued, the party that requested the stay must serve and file a copy of the order in each included action that is stayed. Thirty or more days following issuance of the stay order, any party that is subject to the stay order may move to terminate the stay.” Emphasis added.
California Rules of Court, rule 3.770 governs dismissal of class actions and requires court approval prior to dismissal of a class action. Where the class has not been certified, it allows dismissal with notice as the court finds appropriate, and allows dismissal without notice to the class me