Judge: Lynne M. Hobbs, Case: 19STCV47021, Date: 2025-03-11 Tentative Ruling

Case Number: 19STCV47021    Hearing Date: March 11, 2025    Dept: 61

JOHN DOE vs LOS ANGELES UNIFIED SCHOOL DISTRICT, AN ENTITY OF FORM UNKNOWN, et al.

Tentative:

I. MOTION TO DISMISS

Defendant Simone Young (Defendant) moves to dismiss the present action against her on the grounds that the action was previously dismissed against her without prejudice due to Plaintiff John Doe’s delay in serving process against her. (Motion at p. 2.)

The motion is without merit. A judgment against Defendant has already been entered as of February 4, 2025, and Defendant did not seek to have this motion heard before trial was held and completed. The motion is unopposed, although it lacks any indication that it was served upon the other parties. And Defendant’s prior dismissal without prejudice necessarily did not bar her re-introduction to this case. “A dismissal ‘without prejudice’ necessarily means without prejudice to the filing of a new action on the same allegations, so long as it is done within the period of the appropriate statute of limitations.” (Cardiff Equities, Inc. v. Superior Court (2008) 166 Cal.App.4th 1541, 1550.) Defendant articulates no basis for dismissal.

The motion is therefore DENIED.

Clerk is to provide notice.