Judge: Joel R Wohlfeil, Case: 37-2019-00063383-CU-PO-CTL, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 22, 2023

08/25/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2019-00063383-CU-PO-CTL SOLIS RODRIGUEZ VS PLAZA HOTEL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Terminating Sanctions, 06/14/2023

The Motion (ROA # 150) of Defendants WNT, INC. d / b / a PLAZA HOTEL ('WNT') and LESTER WHITE ('WHITE') (collectively 'Defendants') for an order imposing terminating sanctions against Plaintiff ROBERTO SOLIS RODRIGUEZ ('Plaintiff') and for an order dismissing this case, and for monetary sanctions, will be HEARD.

The Court has read and considered the moving and opposing papers, including the declaration of Plaintiff's counsel - ROA # 152.

The Court understands that Plaintiff's counsel cannot locate Plaintiff and, to minimize the prejudice to Plaintiff, seeks a 90-day continuance of the hearing of this Motion.

The request of Plaintiff's counsel is laudable but, while this request may be reasonable to Plaintiff, it is unduly prejudicial and unreasonable to Defendants. See ROA # 153.

The Court empathizes with the dilemma of Plaintiff's counsel but, on balance, is inclined to agree with Defendants and grant, in large part, the relief sought in this Motion.

The request for terminating sanctions is granted based on the reasons stated in the moving papers.

Plaintiff's failure to comply with the Court's order is without substantial justification. Attorney Hermes' hourly rate is reasonable. The services, as limited, are reasonable and necessary. Plaintiff only is directed to pay total sanctions, including costs, of $1,035.

The Court will HEAR why Plaintiff's request for a 90-day continuance should not be denied and this Motion granted for the reasons set forth above.

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