Long v. San Francisco Forty Niners CA1/4
This is a personal injury action against defendant San Francisco Forty Niners, Ltd. arising out of an assault after a professional football game. After almost two years of litigation and only weeks before trial, plaintiff Daniel Long filed the same claims in federal court and voluntarily dismissed this state proceeding. The district court subsequently dismissed his federal action, however, for lack of subject matter jurisdiction. Plaintiff then filed a second action in superior court, to which defendant demurred on statute of limitations grounds. Facing the possible dismissal of this third action, plaintiff moved to set aside the voluntary dismissal of this case, pursuant to Code of Civil Procedure section 473. Defendant’s demurrer was sustained and plaintiff’s motions for relief from dismissal and for reconsideration were both denied. Plaintiff appeals from the denials of relief from dismissal and of reconsideration. We affirm.
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