Judge: Armen Tamzarian, Case: 20STCV45408, Date: 2022-12-05 Tentative Ruling

Case Number: 20STCV45408    Hearing Date: December 5, 2022    Dept: 52

Tentative Ruling:

            Plaintiff Cornelia Jeanette Lee’s Request for Default Judgment Against Defendant Leith David Stuart; Order to Show Cause re: Dismissal

Default

On November 30, 2020, plaintiff Cornelia Jeanette Lee filed a complaint for partition by sale against defendant Leith David Stuart.  The subject property is 21102 Dalaman Avenue, Lakewood, CA 90715.  Defendant Leith David Stuart’s default was entered on February 1, 2021.

The court has held seven hearings default prove up hearings: April 13, May 20, June 21, July 23, September 23, and November 30, 2021, and February 28, 2022.  Each time, the court ordered plaintiff to file the documents required for default judgment under California Rules of Court, rule 3.1800.  Plaintiff has not done so.

Dismissal

At the prior hearing, the court also set an order to show cause re: dismissal.  “California courts have inherent power to dismiss civil cases for unreasonable, inexcusable delay in prosecution.” (Stephen Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4th 736, 758.)  “The court on its own motion may dismiss an action under Code of Civil Procedure sections 583.410-583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant.”  (Cal. Rules of Court, rule 3.1340(a).)

More than two years have passed since plaintiff commenced this action.  Plaintiff has not brought the action to trial.  The action has not been conditionally settled.  The court gave plaintiff adequate notice to plaintiff of its intent to dismiss this action under California Rules of Court, rule 3.1340(b). 

Plaintiff has failed to show diligence in pursuing this action.  Plaintiff has never appeared at any of the numerous hearings in this case.  She has filed nothing since her case management statement on February 1, 2021.  Plaintiff abandoned this case.  The court finds dismissing this action best serves the interests of justice. 

The court hereby dismisses plaintiff Cornelia Jeanette Lee’s complaint without prejudice.