Judge: Lynne M. Hobbs, Case: 23STCV31075, Date: 2024-06-05 Tentative Ruling

Case Number: 23STCV31075    Hearing Date: June 5, 2024    Dept: 61

NORMS RESTAURANTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY vs BRANDON TYERMAN, AN INDIVIDUAL, et al.

TENTATIVE

Defendant Eisenberg & Associates (Defendant) has filed a special motion to strike the second cause of action for intentional interference with contract contained in the complaint of Plaintiff Norms Restaurants, LLC (Plaintiff). After filing the Complaint, Plaintiff dismissed the case against Defendant. Defendant has since filed a motion for attorney fees. (See 5/20/2024 Motion.)

As Defendant notes in its notice of non-opposition, the dismissal of the claims against it deprives this court of jurisdiction to rule on the motion. (Non-Opposition at p. 2.) To the extent this court is required to address the merits of the present motion, such a ruling properly awaits the hearing on Defendant’s pending motion for attorney fees:

Pursuant to Code of Civil Procedure section 581, subdivisions (b) and (c), plaintiffs have the right to voluntarily dismiss an entire action, or causes of action within a pleading, before the commencement of trial. A request for a dismissal is usually effective upon filing, and no other action by the clerk or the court is required. Neither the clerk nor the trial court has any discretion in the matter. Upon the proper filing of a request to voluntarily dismiss a matter, the trial court loses jurisdiction to act in the case, “except for the limited purpose of awarding costs and statutory attorney fees.  (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 876, internal quotation marks and citations omitted.)

The motion is accordingly DENIED as moot.