Shankar v. Kassabian CA2/4
Arvind Shankar (plaintiff), in propria persona, appeals from an order denying his ex parte application to vacate the voluntary dismissal with prejudice of his first amended complaint against Samuel Wu, Susan Su-Chun Wu, Sakiko Ogura, Sakiko Senga, Kensuke Ogura, S.C. Enterprise and George Kassabian. The limited record on appeal establishes that plaintiff entered into a settlement agreement with defendants, which he signed, that required him to execute a request for dismissal of this action with prejudice and send it to defendants’ counsel for filing after certain conditions were met. Although plaintiff’s counsel provided defense counsel with a request for dismissal pursuant to the settlement agreement, defense counsel did not file it until months later, by which time plaintiff was no longer represented by the attorney who executed the request for dismissal.
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