Judge: Jon R. Takasugi, Case: BC700148, Date: 2023-03-29 Tentative Ruling

Case Number: BC700148    Hearing Date: March 29, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

ATI’s motion for an order of contempt is GRANTED. ATI’s request for sanctions is granted in full and is imposed on the Daniels, jointly and severally, with counsel.

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.

Discussion

            In its motion, 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 or complied with the Court's Order requiring payment of costs.

            In a late filed opposition, the Daniels sought a 60-day continuance on the grounds that Mr. Daniels experienced a cardiac event which caused the non-compliance.  While the Court granted a modified 30-day continuance, the Court noted that the Daniels’ opposition was ambiguous and uncertain, writing:

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.

            (See 2/28/2023 Minute Order.)

            Counsel was instructed to file supplemental materials 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. 

            Despite the continuance, the Daniels failed to file any supplemental materials. As such, the Court finds no grounds exist for denying ATI’s motion, and considers the lack of supplemental materials to be a concession by the Daniels to ATI’s motion on the merits.

            Based on the foregoing, ATI’s motion for an order of contempt is granted. Given the Daniels’ failure to file supplemental materials despite expressly requesting a continuance to do so, ATI’s request for sanctions totaling $850.00 is granted in full and is imposed on the Daniels, jointly and severally, with counsel.

It is so ordered.

Dated:  March    , 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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