Judge: Curtis A. Kin, Case: 21STCV23040, Date: 2023-04-25 Tentative Ruling

Case Number: 21STCV23040    Hearing Date: April 25, 2023    Dept: 72

MOTION TO ENFORCE SETTLEMENT

Date:               4/25/23 (8:30 AM)

Case:               Mario Garcia v. Spruce Power 1, LLC et al. (21STCV23040)

TENTATIVE RULING:

Plaintiff Mario Garcia’s Motion to Enforce Settlement Agreement is CONTINUED.

Plaintiff Mario Garcia moves for an order compelling defendants Spruce Power 1, LLC (“Spruce Power 1”), Sunergy Construction Inc., and Jonathan Mitchell to comply with a Settlement Agreement. (See Notice of Motion at 1:26-27 [defining “Defendants” to include Spruce Power 1, LLC].)  

As a preliminary matter, Spruce Power 1 is no longer a party on any operative pleading. On August 2, 2022, Spruce Power 1 was dismissed from the Complaint pursuant to plaintiff’s request. On May 27, 2022, pursuant to Spruce Power 1’s request, Spruce Power 1’s Cross-Complaint against Mario Garcia was dismissed. On July 21, 2022, pursuant to Spruce Power 1’s request, Spruce Power 1’s Cross-Complaint against Sunergy Construction, Inc. was dismissed. Accordingly, the Court no longer has jurisdiction over Spruce Power 1, LLC. (Sanabria v. Embrey (2001) 92 Cal.App.4th 422, 425 [“Entry of dismissal terminates the action against the dismissed defendants.”]; Paniagua v. Orange County Fire Authority (2007) 149 Cal.App.4th 83, 89, quoting Gherman v. Colburn (1971) 18 Cal.App.3d 1046, 1050 [“‘[W]here the plaintiff has filed a voluntary dismissal of an action ..., the court is without jurisdiction to act further [citations], and any subsequent orders of the court are simply void. [Citation.]’”].)

The Court cannot otherwise rule on the instant motion because the motion was not properly served. The motion was served on defendants Sunergy Construction Inc., and Jonathan Mitchell at 4740 Green River Road, Corona, CA 92880. However, defendants’ address as reflected in the Court file is 4740 Green River Road, Suite 207, Corona, CA 92878. Because the motion was not mailed to the suite number and zip code specified in the Court file, the motion is CONTINUTED to __________________ at ____________a.m. in Department 72 of the Stanley Mosk Courthouse.  The Court’s hearing on its Order to Show Cause Re Dismissal (Settlement) is continued to that same date and time.