Q: Request for relevant authorities
Request for relevant authorities in regard to plaintiff's appeal of court's order denying plaintiff's motion to set aside dismissal of legal action against one of defendants. (Section 904.1(a) (2).)
Dismissal was entered as to all complaint (section 581(c)) on plaintiff request upon intention for settlement that was not fulfilled.
Dismissal of legal action was without prejudice.
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A:
Here are relevant California authorities for your situation regarding appealing a denial of motion to set aside dismissal:
Code of Civil Procedure section 473(b) provides grounds for setting aside a dismissal, including mistake, inadvertence, surprise, or excusable neglect. The court in Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249 held that when a dismissal is entered pursuant to settlement and the settlement fails, the court has discretion to vacate the dismissal under section 473(b).
H.D. Arnaiz, Ltd. v. County of San Joaquin (2002) 96 Cal.App.4th 1357 established that an order denying a motion to vacate dismissal is appealable under section 904.1. Additionally, Basinger v. Rogers & Wells (1990) 220 Cal.App.3d 16 supports that when a dismissal is entered based on a settlement that fails, the court may exercise its equitable powers to vacate the dismissal.
The timeline for filing your appeal is critical - you have 60 days from service of notice of entry of the order, or 180 days from entry of the order if no notice is served, per California Rules of Court, rule 8.104. Remember that Franklin Capital Corp. v. Wilson (2007) 148 Cal.App.4th 187 emphasizes the court's inherent power to vacate a dismissal entered through mistake or inadvertence, particularly when settlement terms are not fulfilled.
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