Judge: Shirley K. Watkins, Case: 21VECV01614, Date: 2022-12-19 Tentative Ruling

Case Number: 21VECV01614    Hearing Date: December 19, 2022    Dept: T

21VECV01614

Cardenas v Mehran

Tentative ruling:  The motion to set aside dismissal is denied.

There was no written agreement signed by both sides asking the court to retain jurisdiction before the case was dismissed.  The request to retain jurisdiction must be express, not implied, and filed with the trial court before the dismissal which deprives the court of jurisdiction.  Mesa RHP Partners, L.P. (2019) 33 Cal.App5th 913.  In this case, there was a Notice of Settlement signed only by plaintiff’s counsel and a Request for Dismissal signed only by plaintiff’s counsel.  In the absence of an agreement filed before dismissal showing both sides’ agreement for the court to retain jurisdiction, the court is without power to grant the motion. In the future, please note that a signed agreement by both sides allowing the court to retain jurisdiction must be filed before dismissal. Please also note the court never acquired jurisdiction over the defendant as he never appeared in this action.