Judge: Blaine K. Bowman, Case: 37-2020-00017689-CU-PO-CTL, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 20, 2024

06/21/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2020-00017689-CU-PO-CTL DANDY VS SLEEP DATA HOLDINGS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

This motion has been properly noticed, with proof of service on file.

Defendant Sleep Data Holdings, LLC's unopposed motion to dismiss for delay in prosecution is GRANTED. CCP § 583.420(a)(2)(A); California Rules of Court, rule 3.1342.

Preliminarily, although CRC 3.1342 proscribes a 45-day notice period for motions to dismiss for delay in prosecution, the court has discretion to shorten this notice period. See, Black Historical Society v. City of San Diego (2005) 134 Cal.App.4th 670, 677, fn. 3, citing Eliceche v. Federal Land Bank Assn. (2002) 103 Cal.App.4th 1349, 1369. Pursuant to the parties' stipulation and court order, the 45-day notice period was shortened by both the agreement of the parties and by court order [ROA 94].

This motion is unopposed. CRC 3.1342(b), which is specific to motions to dismiss for delay in prosecution, expressly provides that '[t]he failure of the opposing party to serve and file a written opposition may be construed by the court as an admission that the motion is meritorious, and the court may grant the motion without a hearing on the merits.' Court records show that Plaintiff filed the complaint on May 29, 2020 [ROA 1] and that this matter has not yet been brought to trial. Considering the matters set forth in CRC 3.1342(e), as well as the evidence Sleep Data submits regarding Plaintiff's failure to meaningfully participate in the prosecution of this case, and the prejudice to Sleep Data as a result, and, in the absence of any opposition from Plaintiff, the court exercises its discretion in favor of dismissing this action.

The court orders Sleep Data to submit a judgment of dismissal within 10 days of this ruling.

In light of this ruling, the court does not reach Sleep Data's alternate requests for relief.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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3120690  1 CASE NUMBER: CASE TITLE:  DANDY VS SLEEP DATA HOLDINGS LLC [IMAGED]  37-2020-00017689-CU-PO-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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