Aticnib

Judgment of dismissal denied by judge!!!!

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What the heck does this mean? We filed our Memorandum of Costs and Order for reimbursement. And this is what is posted. What does this mean?

07/12/2013 8:30 AM DEPT. R8 OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 VACATED

06/07/2013 IMAGING NOTICE SCANNED Not Applicable

06/07/2013 JUDGMENT OF DISMISSAL IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): DENIED PER JUDGE OCHOA. Not Applicable

N 05/30/2013 MEMO OF COSTS FILED BY Xxx, FOR 942.00.

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You should get a copy and see if there is any reasoning.  If not, you might try filing a motion for reconsideration and tell the judge what the law is.

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Ok, maybe I don't understand.  I thought this was YOUR memo of costs and YOU submitted the proposed Judgment of Dismissal which the Judge refused to sign.  If that is the case, I have to assume that the Judge doesn't know a prevailing party includes a party in whose favor a dismissal with prejudice was entered.  Some don't.

 

But the Court might think the memo of costs was untimely or that it was filled out incorrectly or it wasn't served on plaintiff--I have no idea.  So that is why I suggested you see if there is any reasoning behind the ruling.

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Yes I submitted the memo of costs and judgement of dismissal. But I waited more than 20 days after sending it to the plaintiff.

I'm confused now. Does this mean the judge denied my judgement of dismissal or plaintiffs request for dismissal with prejudice?

I have not received anything in the mail so I don't know the reasoning.

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Why would he do this? The trial date already passed. Plaintiff requested it and my husband wants it. Have you ever heard of such a thing?

PS does this mean he should file the MIL and Trial Brief?

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Why would he do this? The trial date already passed. Plaintiff requested it and my husband wants it. Have you ever heard of such a thing?

PS does this mean he should file the MIL and Trial Brief?

 

 

No.  If you look at the docket, it should say that the request for dismissal has been entered by the court.  Case over.

 

But the Judge is denying you proposed judgment which awards you costs.  Why, I do not know.

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Yes I submitted the memo of costs and judgement of dismissal. But I waited more than 20 days after sending it to the plaintiff.

I'm confused now. Does this mean the judge denied my judgement of dismissal or plaintiffs request for dismissal with prejudice?

I have not received anything in the mail so I don't know the reasoning.

That's the reason 10 days plus 5 for mailing is the limit. Did you mention costs in your declaration or trial brief? maybe that could count but maybe not.

 

Ouch that stings.

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