Judge: Peter A. Hernandez, Case: 21STCV37589, Date: 2024-08-22 Tentative Ruling

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Case Number: 21STCV37589    Hearing Date: August 22, 2024    Dept: 34

BACKGROUND 

On October 13, 2021, Plaintiff Sharon Choi filed her Complaint against Defendant Normandie Wilshire Retirement Hotel, Inc. on causes of action arising from Plaintiff’s ongoing rehabilitative care with Defendant. The Complaint was filed on behalf of Plaintiff by Jung Hee Choi, who had durable power of attorney for Plaintiff.

On December 8, 2021, Plaintiff filed her First Amended Complaint (FAC). The FAC was filed on behalf of Plaintiff by Jung Hee Choi, who had durable power of attorney for Plaintiff.

On January 13, 2022, pursuant to the Parties’ Stipulation, the Court ordered that this case be stayed pending the completion of binding arbitration and that this case be dismissed after the binding arbitration has been completed.

On January 22, 2024, Plaintiff filed her Motion to Approve Petition for Approval of Compromise of Claim and Disposition of Proceeds for a Person with Disability (“Motion for Approval of Compromise”). The Motion was filed on behalf of Plaintiff by Jung Hee Choi, who had durable power of attorney for Plaintiff.

On February 7, 2024, Elissa Choi filed Request to Substitute Elissa Choi for Jung Hee Choi (deceased) as Petitioner for Approval of Disposition of Proceeds for Sharon Choi into a Pooled Special Needs Trust (“Request to Substitute”). Elissa Choi concurrently filed Declaration of Elissa Choi in support of the Request to Substitute.

On February 16, 2024, the Court denied without prejudice both the Request to Substitute and the Motion for Approval of Compromise.

On February 23, 2024, by request of Plaintiff, the Clerk’s Office dismissed without prejudice the FAC. That same day, Defendant filed Judicial Council Form CIV-120, Notice of Entry of Dismissal and Proof of Service.

On May 8, 2024, Elissa Choi filed Judicial Council Form MC-350, Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability (“Petition for Approval of Compromise”). Elissa Choi concurrently filed her Proposed Order.

On July 1, 2024, Declaration of Russell W. Sawyer was filed on behalf of Elissa Choi. 

ANALYSIS

On February 23, 2024, by request of Plaintiff, the Clerk’s Office dismissed without prejudice the FAC.

“[M]ost orders entered after the dismissal are void and have no effect. (Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 261 [82 Cal. Rptr. 3d 629] [“‘[a]n order by a court lacking subject matter jurisdiction is void’”]; Paniagua v. Orange County Fire Authority (2007) 149 Cal.App.4th 83, 89 [56 Cal. Rptr. 3d 746] [“‘[i]t is a well-settled proposition of law that where the plaintiff has filed a voluntary dismissal of an action . . . , the court is without jurisdiction to act further [citations], and any subsequent orders of the court are simply void’”].)” (Pittman v. Beck Park Apartments Ltd. (2018) 20 Cal.App.5th 1009, 1022.)

There are only certain exceptions to this, such as in the case of motions for attorney’s fees, motions for sanctions, and motions to declare a plaintiff a vexatious litigant. (Pittman, supra, at pp. 1024–1025.) The situation at hand is not included among these exceptions because the Petition for Approval of Compromise is directly related to the pleading, not to what happened during the litigation.

Without jurisdiction, any act of the Court would be void. The only thing the Court can do at this time is take the motion off calendar. (Guardianship of Lyle (1946) 77 Cal.App.2d 153, 155–156 [“‘Off Calendar’ is not synonymous with ‘dismissal.’ ‘Off’ merely means a postponement whereas a ‘dismissal’ in judicial procedure has reference to a cessation of consideration.” Courts have control of pleadings in a case until a valid final judgment is rendered.”].)

CONCLUSION 

The Petition for Approval of Compromise is TAKEN OFF CALENDAR.