Motion to Set Aside/Vacate Dismissal (Judge Frederick P. Aguirre)

The Irvine Company, LLC vs. Progressive Investor’s Group
30-2014-00705951

Plaintiff, the Irvine Company, LLC?s motion to set aside/vacate the dismissal is denied.

The Plaintiff has not carried out the terms of the Settlement Agreement and the Court has no jurisdiction to set aside the default, as jurisdiction was not retained by it to do so.

Plaintiff has not proceeded according to the terms of the written Settlement Agreement. The Agreement provides, at Paragraph 4, that ?Immediately upon the full execution of this Agreement, Irvine shall file a dismissal without prejudice as to Guarantors?.? No such dismissal was filed.

Contrary to the assertion of Plaintiff, the Court did not dismiss the Action and then retain jurisdiction over the Action to enforce the Settlement.?? The Order of September 14, 2015 stated no such thing.? The Order was not based upon the Settlement but based upon the Parties failure to appear at the OSC re dismissal.? The Notice of Settlement filed by Plaintiff had indicated that a dismissal would be filed no later than September 1, 2016.?? It was not, and, as noted above, no dismissal was ever filed by the Plaintiff pursuant to the terms of the Agreement.

CCP Section 664.6 only applies when the Parties request the Court to retain jurisdiction. Here, the Settlement Agreement contains no such request, and, as noted, the Court did not retain jurisdiction when it dismissed the case with prejudice.? CCP Section 664.6 does not apply here.

Finally, the Court has no jurisdiction to set aside its dismissal otherwise. (Hines v. Lukes (2008) 167 Cal. App. 4th 1174, 1182; Hagan Eng’g, Inc. v. Mills (2003), 115 Cal. App. 4th 1004, 1007?08)

Clerk to give notice.