Judge: Lisa R. Jaskol, Case: 23STCV22391, Date: 2025-05-28 Tentative Ruling

Case Number: 23STCV22391    Hearing Date: May 28, 2025    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On September 15, 2023, Plaintiff Guillermo Andres Barrios Leal (“Plaintiff”) filed this action against Defendants Steve Lau and Does 1-25 for negligence and negligence per se. 

On July 24, 2024, Defendant Steven Lau, served and sued as Steve Lau, filed an answer. 

On November 6, 2024, Defendant Steve Lau filed an answer. 

On November 8, 2024, the Court dismissed without prejudice “Defendant Steven Lau aka Steven Sik Wong Lau (DOB: 03/29/1952) ONLY; Served On 06/21/2024” at Plaintiff’s request. 

On February 18, 2025, Plaintiff filed a motion to vacate the dismissal of the entire action.  The motion was set for hearing on April 24, 2025.  The Court continued the hearing to May 28, 2025. 

PARTY’S REQUEST 

Plaintiff asks the Court to vacate the dismissal of the case. 

DISCUSSION 

Plaintiff asks the Court (1) to vacate the dismissal of the entire action and (2) to reinstate the lawsuit only against Defendant Steve Lau. 

The motion is premised on the notion that the Court dismissed Plaintiff’s entire action.  But the Court checked the box on the dismissal form stating that “Dismissal [was] entered as requested . . . .”  (Emphasis added.)  Plaintiff requested dismissal only of “Defendant Steven Lau aka Steven Sik Wong Lau (DOB: 03/29/1952) ONLY; Served On 06/21/2024.”  Therefore, only that party was dismissed.  The Court did not dismiss the entire action.  The Court denies the motion. 

However, on the Court’s own motion, the Court directs the Clerk to modify the Court’s docket to reflect that (1) the Court dismissed only non-Defendant Steven Lau and (2) the case is proceeding against Defendant Steve Lau and the Doe defendants. 

CONCLUSION 

The Court DENIES Plaintiff Guillermo Andres Barrios Leal’s motion to vacate the dismissal of the case.

On the Court’s own motion, the Court directs the Clerk to modify the Court’s docket to reflect that (1) the Court dismissed only non-Defendant Steven Lau and (2) the case is proceeding against Defendant Steve Lau and the Doe defendants.

The Court schedules a trial setting conference on a date to be determined at the May 28, 2025 hearing. 

Moving party is ordered to give notice of this ruling. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.