Judge: Erick L. Larsh, Case: 2020-01167593, Date: 2023-07-27 Tentative Ruling

Plaintiff John Lepire’s Motion for Sanctions is denied. (See Code Civ. Proc. § 177.5.)

Defendant presents evidence establishing that:

“…VeloAssist is not a profitable corporation that is potentially on the verge of insolvency… Defendants’ failure to pay monetary sanctions is due to a lack of capital from its company operations.”

(Meigs Dec. ¶¶ 3 & 4.)

The financial inability to pay the ordered sanctions provides both good cause to failure to pay the sanctions and substantial justification for being unable to do so.

Plaintiff’s objections are overruled.

Plaintiff may collect the outstanding monetary sanctions as a money judgement. (see Newland v. Superior Ct. (1995) 40 Cal.App.4th 608, 615.)

Plaintiff is ordered to give notice.