In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
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Question: a trial court has plenary power to reinstate a case on its own motion within thirty days after it signs an order of dismissal for want of prosecution.

Answer: non-overruling


Question: we therefore disapprove the discussion in russell v. roberts, supra, 39 cal.app.3d at pages 394-395, and the dicta in goodyear v. mack, supra, 159 cal.app.3d at pages 659-660, and shepherd v. robinson, supra, 128 cal.app.3d at page 626.

Answer: overruling


Question: defense counsel then stated, ""it [presumptively referring to the evidence to be elicited] would relate to prior bad acts under 404(b)"", after which defense counsel informed the court that 404(b) requires only notice from the prosecutor.

Answer:
non-overruling