Judge: Cherol J. Nellon, Case: 20STCV47957, Date: 2023-05-24 Tentative Ruling

Case Number: 20STCV47957    Hearing Date: May 24, 2023    Dept: 28

Defendant Joaquin Medina’s Motion to Dismiss

Having considered the moving, opposing and reply papers, the Court rules as follows.

BACKGROUND

On December 16, 2020, Plaintiff Carmen Beatriz Rivera (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transportation Authority dba Metro (“LACMTA”) and Joaquin Medina (“Medina”) for motor vehicle negligence and general negligence.

On October 1, 2021, LACMTA filed its answer and a Cross-Complaint against Plaintiff and Cross-Defendant Patricia Sarmiento (“Sarmiento”) for comparative indemnity and apportionment of fault, total equitable indemnity, declaratory relief, and negligence and property damage.

On April 27, 2023, Specially Appearing Medina filed a Motion to Dismiss to be heard on June 14, 2023. The Court vacated the hearing date and rescheduled it for May 24, 2023. On May 18, 2023, Plaintiff filed an opposition. On May 19, 2023, Defendant filed a reply.

There is no currently scheduled trial date.

PARTY’S REQUEST

Medina requests the Court dismiss Plaintiff’s action against Medina for failure to comply with CRC 3.110 and CPC §§ 418.10 and 583.130.

Plaintiff requests the Court deny the motion.

LEGAL STANDARD

Pursuant to CCP § 418.10(a)(3), a defendant may file a motion to dismiss an action pursuant to the applicable provisions of Chapter 1.5. Under CCP § 583.130, policy favors trial or disposition of the action on the merits over dismissal for failure to proceed with reasonable diligence in the prosecution of the action.

DISCUSSION

Plaintiff commenced this action on December 16, 2020. Medina was one of the originally named defendants. Medina was served on April 7, 2023, at his residence in Texas. Since filing the complaint, Plaintiff has not propounded written discovery or noticed a deposition. The Court will not dismiss at this time for failure to comply with CRC Rule 3.110; the Court instead will take this into account if, at any point, Medina makes a request for a trial continuance.

Medina provided CCP § 583.130 as a basis for dismissal; however, CCP § 583.130 specifically states it is policy to favor the disposition of a case on the merits, rather than to dismiss the case for failure to prosecute. Plaintiffs have 5 years from the date of filing to bring their action to trial. Not even 3 years have elapsed since Plaintiff filed her complaint. Plaintiff has also recently served Medina with the complaint. There is still more than adequate time for parties to engage in discovery and dispose of this case either via trial or otherwise on the merits. The Court does not find legal basis or cause, and thus denies this motion.

CONCLUSION

Defendant Joaquin Medina’s Motion to Dismiss is DENIED.

Moving Party is ordered to give notice of this ruling.