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Tentative Ruling: Bank of America NA vs Charlie W Colquhoun

Case Number

24CV01202

Case Type

Civil Law & Motion

Hearing Date / Time

Fri, 05/01/2026 - 10:00

Nature of Proceedings

Motion: Vacate Re Dismissal

Tentative Ruling

On May 7, 2024, plaintiff Bank of America requested, and the court entered, dismissal of this action without prejudice. On December 19, 2025, plaintiff filed this motion to vacate that dismissal and enter judgment. On April 9, 2026, plaintiff filed a second request for dismissal, this time to dismiss the action with prejudice. This later filing demonstrates an intent finally to conclude this matter. However, the second request for dismissal was not entered because the first dismissal was not set aside. The court grants the pending motion, in part, vacates the dismissal entered on May 7, 2024 (the dismissal without prejudice), and orders the matter dismissed with prejudice, nunc pro tunc, as of April 9, 2026, as set forth in the request for dismissal filed by plaintiff on that date.

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