Showing posts with label FRANK GAFKOWSKI. Show all posts
Showing posts with label FRANK GAFKOWSKI. Show all posts

Friday, April 15, 2011

Ristow Case Status......dismissed WITHOUT prejudice on the Court's own motion?

On 4/27/2011 8:30 AM DEPT.M4 (where the Ristow case against Mike Ramos and the County of San Bernardino has been shipped--following it seems JUDGE FRANK GAFKOWSKI's reassignment) an EX-PARTE MOTION RE:DETERMINATION THAT JUDGMENT SHOULD NOT BE ENTERED & a MOTION RE:FOR RECONSIDERATION BY PLAINTIFF (of the Ristow case's dismissal) is being heard (as well as apparently Defendants'MOTION RE:CORRECT JUDGMENT BY DEFT CO. OF SAN BERNARDINO). I am curious, is the clerk's entry "ON COURT'S MOTION, CASE ORDERED DISMISSED AS TO DEFENDANT COUNTY OF SAN BERNARDINO, DISTRICT ATTORNEY MICHAEL A. RAMOS WITHOUT PREJUDICE" correct?
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That would suggest another court might be jurisdictionally better/proper or the action is in some way premature/plaintiff failed to exhaust administrative remedies (except the issue of exhausting administrative remedies is typically handled by a noticed motion from one of the parties and not the court sua sponte, unless there is a jurisdictional issue).
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Also dismissing the case without prejudice, implies it can be refiled and contrary to the Mike Ramos press release, there has been no decision on the merits.
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Why else would the court dismiss without prejudice?
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This is sounding stranger by the moment. Unless it was jurisdictional, what in the world is the judge on his own motion doing?
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Too bad the case did not stay in Dept 37 for Vander Feer to take a look at.
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