Judge: Kenneth J. Medel, Case: 37-2023-00018721-CU-PO-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00018721-CU-PO-CTL WALLACE VS SAN DIEGO UNIFIED SCHOOL DISTRICT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside Judgment, 04/03/2024

Plaintiffs' Motion to Set Aside Dismissal is DENIED.

The basis for the motion to set aside the judgment is that plaintiff did not have notice of the December 1 hearing where Aidan's claims were purportedly dismissed because Aidan was not appearing with counsel.

There appears to be a discrepancy in the ROA regarding what actually happened at the December hearing. The Minute order says Aidan's claims were dismissed. However, counsel for defendant contends that the Court never dismissed Aidan's claims at that hearing. That is supported by a letter counsel sent to plaintiff's counsel after the hearing (Ex. 10.) Regardless of the discrepancy over the December 1st hearing, there is no dispute that the judgment of dismissal in this case was the result of a properly noticed demurrer that was pending for over six months prior to the hearing on January 5, 2024. The demurrer was to claims brought by both Benjamin Wallace and Aidan. There was no written opposition to that demurrer.

The Court ruled on the demurrer and dismissed the claims.

In moving to set aside the dismissal in this case, plaintiffs have not addressed the ruling on demurrer.

There has been no basis to set aside this ruling.

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