Home/Case Law/JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionReconsideration

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

Filed: Jan 14, 2010
San Francisco
ADJ4139709

CompFox AI Summary

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Full Decision Text1 Pages

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

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