Judge: Kerry Bensinger, Case: 20STCV44623, Date: 2023-03-21 Tentative Ruling

Case Number: 20STCV44623    Hearing Date: March 21, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 20, 2020, plaintiffs Alma Lorena Castro and Maria de la Rosa (collectively, “Plaintiffs”) filed this action against defendant Bodega Latina Corporation dba El Super (“Defendant”) arising from two July 18, 2020 slip and fall incidents.

On January 30, 2023, Defendant filed this motion for imposition of terminating sanctions against Plaintiffs.  Confusingly, the caption on the motion is titled as follows:

DEFENDANT BODEGA LATINA CORPORATION D/B/A EL SUPER’S NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE WITH ORDER FOR PAYMENT OF SANCTIONS IN THE AMOUNT OF $630 AND ADDITIONAL SANCTIONS OF $820 FOR A TOTAL OF $1,450 IN MONETARY SANCTIONS AGAINST PLAINTIFFS’ COUNSEL OF RECORD; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF BRYAN AGHAKHANI

(Emphasis added.)

To add to the confusion, Defendant filed a separate statement with this motion “in support of its motion to compel compliance.”  Although the notice of motion states that Defendant will “move for an Order imposing terminating sanctions” and the motion discusses the basis for imposing terminating sanctions, Plaintiff filed an opposition that addresses a motion to compel compliance only.  Effectively, Defendant’s motion for terminating sanctions is unopposed.

Typically, the name of a motion is not controlling.  (See City of Santa Maria v. Adam (2019) 43 Cal.App.5th 152, 162.)  The court may disregard the caption of a motion and instead treat it in accordance with the relief it requests.  (Hudson v. Superior Court (2017) 7 Cal.App.5th 999, 1011.)  However, given that a terminating sanction is a “drastic measure which should be employed with caution” (see Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 793), the Court intends to continue this matter to allow Plaintiff an opportunity to file an opposition to Defendant’s motion for terminating sanctions

            Accordingly, the motion is CONTINED to April 26, 2023 at 1:30 p.m. in Department 27 of Spring Street Courthouse.  Defendant is ordered to serve a corrected motion on Plaintiff consistent with order within three (3) calendar days.  Plaintiff may file an opposition and Defendant may file a reply.

Moving party to give notice. 

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

                                                          Dated this 21st day of March 2023