Judge: Michael P. Linfield, Case: 22STCV33955, Date: 2023-09-18 Tentative Ruling

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Case Number: 22STCV33955    Hearing Date: September 18, 2023    Dept: 34

This case was filed on Oct. 20, 2022.  This is the fourth Case Management Conference held. 

At the CMC on May 16, 2023, Plaintiff informed the Court that he had unsuccessfully attempted service on Defendant “has attempted eight (12) times to serve her to no avail.”  (See Plaintiff’s CMS, filed on 5/1/23 [confusion in original].)  At the CMC on July 17, 2023, Plaintiff informed the Court that he had unsuccessfully attempted service on Defendant 13 times. (See Plaintiff’s CMS, filed on 6/27/23.)   At the CMC on September 18, 2023, Plaintiff again stated that he had unsuccessfully attempted service on Defendant 13 times.  In other words, there have been no attempts to serve Defendant during the past two months.

        At the last CMC on July 17,  2023, the Court stated that “If Plaintiff fails to serve the case by the above-mentioned hearing date, the Court will dismiss the case.”  (M.O., July 17, 2023.)  Defendant has not been served, nor have any attempts been made to serve Defendant in almost three months.

        The case is dismissed without prejudice.