Judge: Shirley K. Watkins, Case: 21VECV01617, Date: 2022-12-19 Tentative Ruling
Case Number: 21VECV01617 Hearing Date: December 19, 2022 Dept: T
21VECV01617
Oiestad 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.App.5th 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.