Judge: Mark E. Windham, Case: 22STLC01445, Date: 2023-11-15 Tentative Ruling

Case Number: 22STLC01445    Hearing Date: January 25, 2024    Dept: 26

Wilson v. ND Sepulveda II, LP, et al

MOTION TO VACATE DISMISSAL

TENTATIVE RULING:

Plaintiff Leon Wilson’s Motion to Vacate Dismissal is DENIED.

ANALYSIS:

Plaintiff Leon Wilson (“Plaintiff”) filed the instant action against Defendant ND Sepulveda II, LP (“Defendant”) on March 3, 2022. The case came for trial on August 31, 2023 and upon Plaintiff’s failure to appear, the Court dismissed the case without prejudice. (Minute Order, 08/31/23.) Plaintiff filed the instant Motion to Vacate Dismissal on October 24, 2023. The Motion initially came for hearing on November 15, 2023 and was continued to allow Plaintiff to file supplemental briefing. No supplemental briefing has been filed to date.

As the Court previously noted, the Motion is not accompanied by a memorandum of points and authorities, as required. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113(b).) Indeed, Plaintiff’s failure to provide a memorandum as required by the Rule is an “admission that the [request] is without merit and cause for its denial.” (Cal. Rules of Court, Rule 3.1113(a), (b); In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 976.)

Conclusion

Based on the foregoing, Plaintiff Leon Wilson’s Motion to Vacate Dismissal is DENIED.

Court clerk to give notice.