Judge: Jon R. Takasugi, Case: BC700148, Date: 2023-02-28 Tentative Ruling

Case Number: BC700148    Hearing Date: February 28, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

ATI’s motion for an order of contempt is CONTINUED.

On 3/1/2017, American Technologies, Inc. (ATI) initiated this action against Carolyn Lowd Daniels and Bleaker Daniels. The complaint is for 1) breach of contract; 2) common count; 3) violation of civil code § 8800; and 4) foreclosure of mechanic lien. 

On 11/17/2017, Cross-Complainants the Daniels filed a Cross-Complaint. On January 26, 2018, Cross-Complainants filed a First Amended Cross-Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company (TBG), Tiara Imperial Homeowners Association, U.S.A.A. Insurance, and Mercury Insurance Group. 

Now, ATI moves for an order of contempt against the Daniels and monetary sanctions totaling $850.00.

Timeliness

The Daniels’ Opposition is untimely, and was filed just 5 Court days before the hearing.

Discussion

            ATI argues that it is entitled to an order of contempt because the deadline for the Daniels to pay the awarded costs was 11/30/2022, and to date they have neither responded to ATI’s emails about compliance nor complied with the Court's Order requiring payment of costs.

            In their late-filed Opposition, the Daniels seeks a 60-day continuance on the grounds that Mr. Daniels experienced a cardiac event. However, counsel’s papers are ambiguous and uncertain. For example, Ms. Dobson states in the opposition that “Mr. Daniels is out of the hospital recovering yet still unable to keep the appointments necessary for the undertaking,” yet in her declaration she states “It is my understanding that he suffered a cardiac event in December of 2022, and relapsed twice causing repeat hospitalizations. As of the filing of this brief, I am uncertain if Mr. Daniels is in or out of the hospital as I have not had communication with the family since February 3, 2023, the last know admission.” (Opp. 6: 15-15; Dobson Decl., ¶ 2.) Ms. Dobson does not include any evidence or medical records to corroborate Mr. Daniels condition, nor does she state when these relapses took place. She also does not submit any corroborating evidence to show that his condition is such that he and his wife are unable to remit payment or obtain an undertaking due to his current medical condition.

            The Court will continue this motion 30 days to allow the Daniels an opportunity to submit evidence to show that Mr. Daniel’s condition is such that his failure to comply with a Court order has been caused by a medical emergency and that the Daniels remain unable to remit payment or post an undertaking at this time.  

            Based on the foregoing, ATI’s motion for an order of contempt is continued.

It is so ordered.

Dated:  February    , 2023

   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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