Judge: Elaine Lu, Case: 24STCV25600, Date: 2025-04-18 Tentative Ruling

Case Number: 24STCV25600    Hearing Date: April 18, 2025    Dept: 9

McLaughlin v Solari Enterprises, 24STCV25600

2025-04-18

ORDER

On 2/7/25, the Court noted that Plaintiff’s Counsel had failed to file proof of service of the Summons and Complaint as to all named defendants, including SOLARI ENTERPRISES, INC. The Court ordered that no later than March 25, 2025, Plaintiff’s Counsel must file either proof of service of the Summons and Complaint on SOLARI ENTERPRISES, INC. or a declaration explaining the failure to file proofs of service of the summons and complaint on SOLARI ENTERPRISES, INC., setting forth any and all efforts undertaken to attempt service of the summons and complaint on SOLARI ENTERPRISES, INC., and explaining why sanctions (including monetary sanctions of at least $500) should not be imposed for failure to file proof of service of the summons and complaint on all named defendants, in compliance with California Rules of Court, Rule 3.720. The 2/7/25 minute order further advised that failure to file proof of service of the Summons and Complaint on SOLARI ENTERPRISES, INC. by March 25, 2025 may result in the Court setting an OSC re sanctions.

Plaintiff failed to file any proof of service of the summons and complaint by March 25, 2025 as ordered. Plaintiff also failed to file any declaration setting forth efforts to serve Defendant with the summons and compliant prior to March 25, 2025. 

Accordingly, on April 3, 2025, the Court ordered: “Plaintiff’s Counsel is ordered to appear on 5/28/25 at 10:00 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”

Plaintiff’s Counsel has still failed to file proof of service of the Operative Summons and Complaint on the named defendant, including SOLARI ENTERPRISES, INC.

No later than May 12, 2025, Plaintiff’s Counsel must file either proof of service of the Operative Summons and Complaint on SOLARI ENTERPRISES, INC. or a declaration explaining the failure to file proofs of service of the operative Summons and Complaint on SOLARI ENTERPRISES, INC., setting forth any and all efforts undertaken to attempt service of the operative Summons and Complaint on SOLARI ENTERPRISES, INC., and explaining why sanctions (including monetary sanctions of at least $500) should not be imposed for failure to file proof of service of the operative Summons and Complaint on some of the named defendants, in compliance with California Rules of Court, Rule 3.720.

7/11/25 at 10:00 am - OSC re sanctions for failure to file proof of service.  Plaintiff’s Counsel is ordered to appear on 7/11/25 at 10:00 am and explain why sanctions (including monetary sanctions of at least $1,000 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. 

The previously imposed stay on discovery remains in effect.

The Initial Status Conference is continued to July 11, 2025 at 10:00 am.  If Defendant appears before then, the parties are to file a Joint Initial Status Conference Report by no later than July 3, 2025 in compliance with the Court’s Initial Status Conference order.

The Court Clerk shall give notice of this order to Plaintiff.  Plaintiff is ordered to give notice of this minute order as well as the Initial Status Conference order to all other parties and file proof of service of such.