Judge: Cherol J. Nellon, Case: 23STCV24247, Date: 2024-03-20 Tentative Ruling

Case Number: 23STCV24247    Hearing Date: March 20, 2024    Dept: 14

Benjamin v Los Angeles Water and Power

Case Background

            Plaintiff alleges that Defendants’ failure to properly repair their pipe caused damage to his property.

            On October 5, 2023, Plaintiff filed his Complaint for (1) Conspiracy, (2) Defamation, (3) Trespass, (4) Property Damage, and (5) Violation of 42 U.S.C. § 1983 against Defendants Los Angeles Department of Water and Power (“LADWP”), Jeffrey Furnace (“Furnace”), Cesar Cuevas (“Cuevas”), and Marty Adams (“Adams”).

            No trial date has yet been set.

Instant Motion

            Plaintiff now moves this court for an order dismissing his complaint, without prejudice.

Decision

            The motion is GRANTED. Code of Civil Procedure § 581(c) provides that a plaintiff may dismiss their complaint, with or without prejudice, prior to the actual commencement of trial.