Judge: Kenneth J. Medel, Case: 37-2021-00050444-CU-MM-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2021-00050444-CU-MM-CTL FEINGOLD VS WESTERN DENTAL & ORTHODONTICS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/25/2023

Plaintiff's Motion to Set Aside Dismissal is DENIED.

This case involved allegations of dental malpractice. The case apparently settled, although plaintiff appears to dispute this. A Dismissal with prejudice was filed on 8/28/23. The case was dismissed with prejudice.

Plaintiff appeared ex parte on 9/21/23 to have the case reinstated. The Court denied the request.

Plaintiff filed a motion to set aside dismissal on 9/25/23. There is no proof of service of the original motion filed on 9/25/23.

A Proof of Service was filed on 12/18/23 indicating electronic service on attorney Wyeth E Burrows (defendant's attorney). The Proof of Service indicates service of 'Updated declaration in support of plaintiff motion to set aside.' The Proof indicates service on three emails.

This Proof of Service is inadequate. The Proof of Service does not indicate service of the moving papers. Further, it is not clear from the Proof of Service that electronic service of the papers is authorized. Effective January 1, 2023, a court may order electronic service on a party represented by counsel who has appeared in the action (CCP § 1010.6(b)(1)), and a represented party who has appeared in the action must accept electronic service (CCP § 1010.6(b)(2)). The serving party must first confirm the counsel's electronic service address. [CCP § 1010.6(b)(3); former CCP § 1010.6(e)(1)] There is no indication that the serving party has confirmed counsel's electronic service address. Nor has this court ordered a party to be served by electronic means.

Even on the merits, the Court does not see a basis to set aside the dismissal with prejudice entered on 8/28/23 Calendar No.: Event ID:  TENTATIVE RULINGS

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