If a California judge rules a "tentative" ruling of dismissal for an unlimited civil case, for failure to follow a court order

Asked over 1 year ago - Northridge, CA

for failing to provide all of discovery - though plaintiffs made every conceivable effort to answer the 165 questions appropriately - what does the qualifier "tentatively" mean legally?

Attorney answers (3)

  1. James Carl Eschen III

    Contributor Level 16

    4

    Lawyers agree

    Answered . A tentative ruling states what the judge plans to do based on the papers. The parties can still go to court to try to convince the court to rule otherwise. Tentative rulings should state the basis for the court's decision, so you will know what to focus on at the hearing. You may have to give the other party and the court notice that you plan to appear at the hearing. Check the local rules.

  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . A tentative ruling is just that, tentative. It announces the intended ruling of the court. In most cases, that will be the ruling of the court unless the court issues some other ruling after oral argument.

    For more on what the tentative ruling may mean in your case and for the required procedures if the court issues a tentative ruling prior to the morning of the hearing see California Rules of Court Rule 3.1308: http://www.courts.ca.gov/cms/rules/index.cfm?ti...

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Jeff Hoang Pham

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree with Mr. Daymude and Mr. Eschen. A tentative ruling is precisely as it sounds: the court's tentative decision based on the papers before it. It is a strong indication of how you can expect the court to rule on the motion, unless either party can convince it otherwise at the hearing on the motion.

    Best of luck to you.

    The information presented here is general in nature and is not intended, and should not be construed, as legal... more

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