Judge: Glenn R. Salter, Case: 20-1174848, Date: 2022-08-18 Tentative Ruling
The plaintiff filed a motion to set aside and vacate the dismissal of the action.
Plaintiff’s counsel is under the mistaken belief this action was dismissed by the court. True, a request by the plaintiff to dismiss the named defendants only was entered. But it does not appear from the court’s file that the Doe defendants were ever dismissed. Moreover, it appears from a review of the Register of Actions the court considers the action still pending.
Accordingly, the motion to vacate the dismissal of the action is DENIED as MOOT.
On the court’s own motion, an Order to Show Cause to Dismiss for Failure to Prosecute is scheduled for October 27, 2022, at 8:30 am. Plaintiff’s counsel is reminded to comply with Rule 3.110 of the California Rules of Court. Counsel should file any anticipated Doe amendments as soon as possible or risk dismissal for failure to prosecute.
The plaintiff shall give notice.