Judge: Armen Tamzarian, Case: 21STCV00914, Date: 2023-08-31 Tentative Ruling

Case Number: 21STCV00914    Hearing Date: August 31, 2023    Dept: 52

Tentative Ruling:

Order to Show Cause Re: Dismissal as to Defendant Greg’s Tire Services

Dismissal of Defendant Greg’s Tire Services

On March 30, 2023, the court set an order to show cause re: dismissal as to defendant Greg’s Tire Services.  On May 17, the court continued the hearing on the order to show cause to this date.  Plaintiff Ernesto Jauregui has not filed any papers since the hearing on May 17.

“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).)  “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.) 

More than two years have passed since plaintiff Ernesto Jauregui commenced this action.  The remaining defendant, Greg’s Tire Services, an unknown business entity, had its default entered in March 2022.  Plaintiff has not requested entry of default judgment against it.  Plaintiff has not brought the action to trial.  The action has not been conditionally settled. 

The court finds it appropriate to give plaintiff another chance to prosecute this action against Greg’s Tire Services. 

Order to Show Cause Re: Sanctions

            The court will set an order to show cause why plaintiff should not pay $1,500 in sanctions for failing to timely obtain default judgment against defendant Greg’s Tire Services.  “When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.  The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.”  (Cal. Rules of Court, rule 3.110(h).)

The clerk entered the default of defendant Greg’s Tire Services over a year ago.  Plaintiff has not requested entry of default judgment or submitted the other documents required under California Rules of Court, rule 3.1800. 

Disposition

            The order to show cause re: dismissal as to defendant Greg’s Tire Services is hereby continued to November 10, 2023, at 8:30 a.m.  

The court hereby sets an order to show cause re: why plaintiff Ernesto Jauregui should not pay $1,500 in sanctions under rule 3.110(h) for November 10, 2023, at 8:30 a.m.

Under California Rules of Court, rule 3.1340(b), the clerk shall give plaintiff notice of this order by mail.