Judge: John C. Gastelum, Case: 18-00970635, Date: 2023-09-14 Tentative Ruling

(1) Motion to Dismiss (2) OSC re Dismissal/Settled Case

Tentative Ruling:  Defendants J.B. Fiber Construction, LLC; Michelle Bagley; and Jason Bagley move for an order dismissing this action pursuant to Code of Civil Procedure sections 583.310 and 583.360(a) on the ground that Plaintiff, Balboa Capital Corporation has failed to prosecute the action and bring it to trial within five years after it was commenced against the defendants. The Motion is DENIED.

An action must “be brought to trial within five years after the action is commenced against the defendant.” (Code Civ. Proc., § 583.310.) “Notwithstanding any other law, including Code of Civil Procedure section 583.310, for all civil actions filed on or before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of five years and six months.” (Emergency Rule 10(a).)

Plaintiff, Balboa Capital Corporation’s original complaint against defendants was filed on January 31, 2018. Pursuant to Code of Civil Procedure section 583.310 and Emergency Rule 10, the deadline for Plaintiff to bring this action to trial would have expired on July 31, 2023. The case settled on April 21, 2023, and Plaintiff filed a Notice of Settlement of Entire Case on that same date. (Declaration of Brian Da Costa, ¶ 5, Exs. 1 and 2, ROA 290.) Based on the foregoing, the case settled prior to the deadline by which Plaintiff was required to bring the case to trial.

Plaintiff to give notice.