Judge: Steven A. Ellis, Case: 22STCV22020, Date: 2025-03-10 Tentative Ruling

Case Number: 22STCV22020    Hearing Date: March 10, 2025    Dept: 29

Contreras v. Cha
22STCV22020
Petition for Approval of Minor’s Compromise

Tentative

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.  

On January 4, 2024, Plaintiff failed to appear at trial, and the Court dismissed this case pursuant to Code of Civil Procedure section 581, subdivision (b)(3).

“A dismissal terminates an action.”  (Hagan Engineering, Inc. v. Mills (2003) 115 Cal.App.4th 1004, 1007.)  The entry of dismissal of an entire action divests the trial court of jurisdiction to enter further orders in that action, except for the limited purpose of awarding costs and statutory attorney fees or entertaining a motion to vacate this dismissal.  (Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 261; Hagan Engineering, Inc. v. Mills (2003) 115 Cal.App.4th 1004, 1008; see also Code Civ. Proc., § 473, subd. (b).).  Any other subsequent orders made by the court are void. (Paniagua v. Orange County Fire Authority (2007) 149 Cal.App.4th 83, 89.)

As counsel has not moved to set aside the dismissal, and only moves to confirm the petition for minor’s compromise, the Court cannot grant this requested relief.

The petition is denied without prejudice.

Moving party to give notice.