Judge: Jon R. Takasugi, Case: 20STCV40344, Date: 2022-12-14 Tentative Ruling

Case Number: 20STCV40344    Hearing Date: December 14, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s motion for sanctions of $5,400 against Plaintiff and counsel, jointly and severally, is GRANTED. Sanction payment is due within 30 days of entry of this order.

On 10/20/2020, Plaintiff Leah Sturgis, individually and as trustee of the Leah T. Sturgis Living Trust Dated September 12, 2006 (Plaintiff) filed suit against Jae S. Kim (Defendant), alleging: (1) partition and/or imposition of equitable easement based on encroachments; (2) judicial determination of boundaries; (3) intentional trespass; (4) negligent trespass; (5) forcible entry; and (6) intentional infliction of emotional distress (IIED).

On 8/3/2021, Plaintiff substituted Doe 1 for Ocean Sunrise, LLC.

            Now, Defendant moves for sanctions against Plaintiff and counsel. Defendant seeks $5,400 in reasonable expenses and fees.

            The motion is unopposed.

Discussion

            Defendant argues that sanctions are warranted against Plaintiff and counsel for their continued non-responsiveness and repeated delays litigating this action. 

The Court agrees. As noted by Defendant, Plaintiff’s counsel has twice represented to this Court that he would file a stipulation to bifurcate trial, and has represented that he would produce his trial exhibits. To date, he has done neither. Moreover, counsel has missed several hearings, has appeared late for multiple hearings, and, as shown, has failed to follow through with open declaration in Court. This has resulted in repeated delays, and has prejudiced Defendant’s ability to litigate this case and prepare for trial.

Most tellingly, Plaintiff did not even file an opposition to this motion.

Based on the foregoing, Defendant’s motion for sanctions is granted.

It is so ordered.

Dated:  December    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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