Order to Show Cause Re: Dismissal
CASE NUMBER: 24CV-0204885 Tentative Ruling on Order to Show Cause Re: Dismissal: An Order to Show Cause Re: Dismissal issued on April 16, 2026 to Plaintiff Matthew Barnett, in pro per, for failure to appear on January 26, 2026 as ordered on January 12, 2026, failure to appear on April 13, 2026 as ordered on February 2, 2026, and failure to participate in the action. Former counsel for Plaintiff Barnett was relieved on January 20, 2026. Since then, the Court has issued two Orders to Show Cause and imposed monetary sanctions against Plaintiff Barnett, which have not been paid.
All documents that have been sent to Plaintiff Barnett by the court have been returned undeliverable. The address used for service is the last known address located by former counsel after counsel undertook significant efforts to locate Plaintiff Barnett. It is Plaintiff Barnett’s obligation to keep the court apprised of a valid address. The evidence before the Court shows that Plaintiff Barnett stopped responding to counsel as late as October 2025. Plaintiff Barnett has not appeared since his counsel was relieved.
It appears that Plaintiff Barnett has abandoned the case. An appearance by Plaintiff Barnett is required on today’s calendar. If Plaintiff Barnett does not appear as ordered, the Court intends to dismiss Plaintiff Barnett as a named Plaintiff without prejudice pursuant to Gov. Code § 68608(b). A dismissal will not affect Plaintiff Barnett’s ability to be a putative class member.
BAXTER, ET AL. VS. NISSAN NORTH AMERICA INC
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