Soto

Soto v. Wells Fargo Bank

Good Law
United States District Court, Southern District of CaliforniaJanuary 23, 20243:23-cv-01014California372 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ENRIQUE DURAN SOTO, Case No. 23-cv-1014-BAS-MMP

Plaintiff,

ORDER GRANTING PARTIES’

v. JOINT MOTION FOR DISMISSAL WITH PREJUDICE (ECF No. 20) WELLS FARGO BANK, NATIONAL

ASSOCIATION; AMERICAN

SECURITY INSURANCE

COMPANY; and DOES 1–50, inclusive, Defendants. 17 Before this Court is Parties’ request to dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure (“Rule”) 41. (ECF No. 20.) Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss her action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties who have appeared. See also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal pursuant to Rule 41(a)(1)(A)(ii) is effective upon the filing of a compliant notice or stipulation. No court order is required. See Stone v.…

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