Judge: Mark H. Epstein, Case: 21SMCV01029, Date: 2024-12-03 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 21SMCV01029    Hearing Date: December 3, 2024    Dept: I

The motion to set aside the dismissal is GRANTED.  The court has reviewed the settlement agreement and it appears that the intention was to have the court retain jurisdiction pursuant to CCP section 664.6.  The dismissal did not include such a term due to an error by the moving party.  The dismissal is therefore VACATED.  Plaintiff may file a new and different order seeking dismissal or file a motion to enforce the settlement agreement.  The court will set a status conference for about 60 days from now.  Plaintiff ought to give notice to whomever it can.