Tex

I. INTRODUCTION

Plaintiff Kosma Tex brought an action against defendants Lovely J, Inc. and Jung Park. On the eve of trial, plaintiff filed a notice of conditional settlement pursuant to California Rules of Court, rule 3.1385(c).1 Neither plaintiff nor defendants appeared for trial and the trial court dismissed plaintiff’s action without prejudice pursuant to Code of Civil Procedure section 581, subdivision (b)(3)2. Plaintiff appeals3 and we affirm.

II. BACKGROUND

On October 18, 2022, plaintiff filed an action against defendants. The matter was set for a court trial in Department 12 on January 5, 2024, at 9:30 a.m. At 4:52 p.m. on January 4, 2024, the day before trial, plaintiff electronically filed a “Notice of Settlement of Entire Case” (settlement notice). The settlement notice stated it was a conditional settlement—i.e., the settlement conditioned dismissal

All further rules references are to the California Rules of Court.

All further statutory references are to the Code of Civil Procedure.

Plaintiff’s notice of appeal states its appeal is “[f]rom an order dismissing the case after notice of settled was filed. Ca. Rules Court 3.1385(c)(3)(A).” As…