Judge: Douglas W. Stern, Case: 21STCV36872, Date: 2023-10-24 Tentative Ruling

Case Number: 21STCV36872    Hearing Date: October 24, 2023    Dept: 68

RAMON MAGDALENO vs JUSTIN FARAHI, et al.

21STCV36872 July 24, 2023

Tentative Ruling Dismissing Case for Failure to Prosecute.  C.C.P. § 583.420

This action was filed by Plaintiff Ramon Magdaleno on October 6, 2021.  Other than having appeared at various court hearings, plaintiff has done nothing to prosecute this action.

On January 23, 2023 the Court granted Plaintiff’s request to extend the time for plaintiff to serve the complaint.  At that time the Case Management Conference was continued to July 24, 2023. No one appeared on behalf of any party at the hearing of July 24, 2023.

Based upon the failure of Plaintiff to have prosecuted the action, the Court issued its “Order to Show Cause Re: Dismissal for Failure to Prosecute” and scheduled it for hearing on 10/24/2023 at 08:30 AM in Department 68 at Stanley Mosk Courthouse.  That is a date over two years after the filing of this action.  The Court’s Minute Order which was served on Plaintiff’s counsel, also recites that “the Court intends to dismiss this case.”

Code of Civil Procedure § 583.420 (a)(1) provides:

“The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred:

(1)    Service is not made within 2 years after the action is commenced against the defendant.”

Plaintiff is not filed a proof of service showing that any defendant has ever been served.  Therefore, this Court orders this case dismissed for failure to prosecute pursuant to Code of Civil Procedure § 583.420(a)(1).

ORDER:

This lawsuit is dismissed without prejudice.