Judge: Matthew C. Braner, Case: 37-2023-00012347-CU-BT-CTL, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 31, 2023

09/01/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2023-00012347-CU-BT-CTL MAGADAN VS PALOMAR HEALTH [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Brian Magadan's motion for voluntary dismissal without prejudice of the complaint is GRANTED.

Plaintiff requests dismissal of this case without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(1). As the case was filed as a class action, dismissal requires court approval, and requests for dismissal must be accompanied by a declaration 'setting forth the facts on which the party relies' and that 'clearly state[s] whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail.' (CRC 3.770, subd. (a).) Plaintiff has complied with these requirements by providing a declaration from his counsel that includes an attestation that neither he nor his attorney are receiving compensation in connection with the dismissal.

Plaintiff also requests that his motion be granted without a hearing. (CRC 3.770, subd. (b).) That request is granted. Notice to class members of the dismissal is not required, as no class was certified in this case. (CRC 3.770, subd. (c).) This case is ordered dismissed without prejudice.

The minute order is the order of the court.

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