Judge: Gregory Keosian, Case: 23STCV04417, Date: 2023-05-04 Tentative Ruling

Case Number: 23STCV04417    Hearing Date: May 4, 2023    Dept: 61

Defendant Hyong Kown Chong’s Motion to Dismiss is DENIED.

I.                MOTION TO DISMISS

Defendant Hyong Kwon Chong moves to dismiss the complaint of Plaintiff Orlando Garcia, on the grounds that Plaintiff is a vexatious litigant who failed to prosecute a prior federal action against the same defendants. (Motion at p. 2.) Defendant argues that they and Mi Jo Chong should be dismissed, and the matter prosecuted against Defendant Samer A Liquor only. (Motion at p. 3.)

The motion is without merit. Defendant identifies no legal authority or judicially noticeable matters that would suffice for this court to dismiss the action. Defendant argues that Plaintiff is a vexatious litigant, but identifies no order declaring him as such. (Chong Decl. ¶ 3.) The motion is supported by no authority, and Defendant provides no legal basis to dismiss any claim contained in the complaint.

The motion is DENIED.