ORDER TO SHOW CASE RE: COURT’S JULY 22, 2026, ORDER
TENTATIVE RULINGS
FOR: July 29, 2026
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** Booth v. St. Helena Hospital will be heard in Dept. 3 All other matters originally set in Dept. B will be heard in Dept. A**
CIVIL CALENDAR – Hon. Joseph J. Solga, Dept. 3 (Criminal Courts Bldg.) at 8:30 a.m.
Richard Booth v. St Helena Hospital et al 16CV000693
ORDER TO SHOW CASE RE: COURT’S JULY 22, 2026, ORDER
TENTATIVE RULING: The Court’s February 27, 2026, Order denying Plaintiff Richard Booth’s Motion to Set Aside the Dismissal Order is hereby SET ASIDE and VACATED
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in its entirety. The Court will sign the Proposed Order Granting Defendants St. Helena Hospital and Adventist Health System/West’s Motion to Dismiss Plaintiff’s Complaint lodged with the Court on or around June 15, 2026.
On March 25, 2025, Defendants St. Helena Hospital and Adventist Health moved, pursuant to Code of Civil Procedure section 583.310, to dismiss the action for failure to bring it to trial within five years. The matter originally came on for hearing on April 25, 2025, and was continued by Napa Superior Court, at Plaintiff Richard Booth’s request, to May 1, 2025. By Minute Order of May 1, 2025, the Court ordered the case dismissed for failure to prosecute. The Court also ordered Counsel for Defendants “to prepare an Order After Hearing.” There is, however, no indication in Napa Superior Court’s case file that a proposed order after hearing was timely submitted, and no signed order of dismissal has, to date, been filed.
On February 27, 2026, Plaintiff Richard Booth’s Motion to Set Aside Dismissal Order as Void Due to Stay Pending Arbitration came on regularly for hearing. No party requested oral argument, pursuant to Local Rule 2.9. Napa Superior Court therefore adopted its Tentative Ruling making it the order of the court. That order, among other matters, directs “the Clerk not to accept further filings in this action.”
On April 27, 2026, Plaintiff Richard Booth filed a Notice of Appeal from the February 27, 2026, Minute Order. On July 21, 2026, the Court of Appeal for the First Appellate District, Division Three, issued an Alternative Writ of Mandate directed to this Court. The first alternative set forth therein would permit this Court to comply by: (1) setting aside and vacating the February 27, 2026, order denying Plaintiff Richard Booth’s motion to set aside the dismissal order and ordering the Clerk to not accept further filings from Mr. Booth; and (2) entering a signed dismissal order consistent with the May 1, 2025, Minute Order of dismissal.
“[I]f a trial court is considering changing an interim order in response to an alternative writ, it must give the respective parties notice and an opportunity to be heard.” (Brown, Winfield & Canzoneri, Inc. v. Super. Ct. (2010) 47 Cal.4th 1233, 1250, fn. 10.)
By Order of July 22, 2026, the Court ordered the parties to appear at this hearing and show cause why the Court should not comply with the Writ of Mandate by: (1) setting aside and vacating the February 27, 2026, order denying Plaintiff Richard Booth’s motion to set aside the dismissal order and ordering the Clerk to not accept further filings from Mr. Booth; and (2) entering a signed dismissal order consistent with the May 1, 2025, Minute Order of dismissal. taking the contemplated action described above. The Court invited briefing by the parties.
Having reviewed the parties’ briefs and considered the matter, the Court hereby orders as follows.
(1) The Court’s February 27, 2026, Order denying Plaintiff Richard Booth’s Motion to Set Aside the Dismissal Order is hereby SET ASIDE and VACATED in its entirety; (2) The Court will sign the Proposed Order Granting Defendants St. Helena Hospital and Adventist Health System/West’s Motion to Dismiss Plaintiff’s Complaint lodged with the Court on or around June 15, 2026.
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