Judge: Michael P. Linfield, Case: 3STCV00322, Date: 2024-04-17 Tentative Ruling

Case Number: 3STCV00322    Hearing Date: April 17, 2024    Dept: 34

        On May 9, 2023, at the first Case Management Conference, Plaintiff failed to file a Proof of Service or Case Management Statement.  The Court continued the CMC to July 10, 2023 and ordered all parties to file a new timely CMS.

        The second CMC was held on July 10, 2023. Plaintiff did not appear and he again failed to file a CMS.  The Court stated if there Plaintiff did not appear at the next CMC, the Court would dismiss the case.

        The third CMC was held on August 28, 2023.  By that time, Plaintiff had three notices for publication rejected.  Plaintiff’s CMS was untimely filed four days before the CMC.  Plaintiff’s attorney stated that he wants to “get it correct” the next time and apologized for not appearing at the previous hearing.  The Court continued the CMC to November 15, 2023.

        The fourth CMC was held on November 15, 2023. Plaintiff’s CMS was untimely filed 3 days before the CMC. Plaintiff stated that he had not served Defendants Manuel Dominguez or Leonard Dominguez, but that it would be completed today.  The Court continued the CMC and/or OSC re Entry of Default to January 17, 2024.

        The fifth CMC was held on January 17, 2024.  Plaintiff had still failed to file his proofs of service and untimely filed his CMS the day before the hearing.  The Court continued the CMC until April 17, 2024 and stated that “If Plaintiff fails to file a proof of service by the . . . hearing date, the Court will dismiss the case.  (Minute Order, 1/17/2024.)  When the Court orally announced this, Plaintiff’s counsel stated in open court:  “OK with me.”

        The sixth CMC was held on April 17, 2024.  Plaintiff’s CMS was untimely filed one day prior to the hearing.  Plaintiff also failed to file his proofs of service against Defendants Allen Carr, Manuel Dominguez, or Leonard Dominguez. 

        The case is DISMISSED without prejudice.