Judge: James A. Mangione, Case: 37-2023-00000006-CU-NP-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2023-00000006-CU-NP-CTL THERESA VISCUSO BY AND THROUGH HER SUCCESSOR-IN-INTEREST MARIA VISCUSO VS SCRIPPS MEMORIAL HOSPITAL LA JOLLA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant/Cross-Defendant CCW La Jolla, LLC dba Vi at La Jolla Village's ('CCW') Motion to Require an Undertaking is granted in part.

Code of Civil Procedure § 1030 provides that if a plaintiff (or, in this case, cross-complainant) resides out of state, the defendant (or, this case, cross-defendant) may, at any time, apply to the court by noticed motion for an order requiring cross-complainant to file an undertaking to secure an award of costs.

Subsection (b) compels the moving party to demonstrate a 'reasonable probability' it will obtain judgment.

All parties agree one of the Cross-Complainants resides out of state; consequently, this motion is centered on the requirement to demonstrate a reasonable probability that moving Cross-Defendant will obtain judgment. The Court finds that the declaration provided by Mary Ransbury is sufficient to satisfy the relatively low 'reasonable probability' standard required by the statute. Therefore, the Court must require Cross-Complainant Philip Viscuso ('P. Viscuso') to post an undertaking.

CCW has requested an undertaking of $23,000. While the Court agrees that $23,000 is a reasonable estimate of potential costs, requiring P. Viscuso to post an undertaking in that amount is unwarranted.

There are five parties bringing claims against CCW (Plaintiff and the four Cross-Complainants). As such, assuming CCW prevails at trial, P. Viscuso would be jointly and severally liable for the full cost amount.

However, given that Plaintiff and the three other Cross-Complainants reside in California, the likelihood that CCW will be unable to recover costs is significantly reduced. Therefore, the Court finds it appropriate to require an undertaking proportional to P. Viscuso's potential cost responsibility.

Cross-Defendant Philip Viscuso is required to post an undertaking of $4,600 within thirty (30) days.

The minute order is the order of the Court.

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