Judge: Elaine Lu, Case: 23STCV18331, Date: 2023-12-07 Tentative Ruling

Case Number: 23STCV18331    Hearing Date: December 7, 2023    Dept: 26

On the Court’s own motion, the OSCs and CMC set for December 7, 2023 are CONTINUED to 2/6/24 at 8:30 am

Plaintiff’s Counsel has failed to file proof of service of the Summons and Complaint as to all defendants, including Tocaya Holdings LLC and Amrou Alamanaseer.

2/6/24at 8:30 am - OSC re sanctions for failure to file proof of service.  Plaintiff’s Counsel is ordered to appear on 2/6/24 at 8:30 am and explain why sanctions (including monetary sanctions of at least $500 and/or dismissal) should not be imposed for failure to file proof of service of the summons and complaint on all defendants, in compliance with California Rules of Court, Rule 3.720.

If proof of service has not been filed at that time, then no later than five days before the OSC hearing, Plaintiff’s Counsel is also to file a declaration explaining the failure to file proofs of service of the summons and complaint as to all unserved defendants and explaining any and all efforts undertaken to attempt service of the summons and complaint on all named defendants. 

2/6/24 at 8:30 am - OSC re sanctions for entry of default.  Plaintiff’s Counsel is ordered to appear on 2/6/24 at 8:30 am and explain why sanctions (including monetary sanctions of at least $500 and/or dismissal) should not be imposed for failure to cause entry of default as to all served defendants who have not responded, including The Madera Group LLC and Tosh Berman.

If defaults have not all been entered at that time, then no later than five days before the OSC hearing, Plaintiff’s Counsel is also to file a declaration explaining the failure to obtain entry of defaults as to all served defendants who have not responded and explaining any and all efforts undertaken to seek their defaults. 

The Case Management Conference is continued to 2/6/24 at 8:30 am.

Failure of Plaintiff’s Counsel to appear at the next hearing will be deemed by the court to be Plaintiff’s consent to dismiss the entire case.

The Court’s Judicial Assistant shall give electronic notice to Plaintiff.