Judge: Kerry Bensinger, Case: 21STCV35336, Date: 2023-10-02 Tentative Ruling

Case Number: 21STCV35336    Hearing Date: October 2, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 2, 2023                                 TRIAL DATE:  Vacated

CASE:                                Mary Orozco, et al. v. Laurette Ollar, et al.

CASE NO.:                 21STCV35336

MOTION TO ENFORCE SETTLEMENT

MOVING PARTY:                   Defendant Laurette Ollar

RESPONDING PARTY:      No opposition

On September 24, 2021, Plaintiffs, Mary Orozco, Carlos Orozco, Elizabeth Orozco, and Chaydy Vega, filed this action against Defendants Laurette Ollar (“Ollar”) and Catherine Egeland, for injuries arising from a motor vehicle collision. 

On January 23, 2023, Ollar filed this motion to enforce the settlement with Plaintiffs.  The motion was heard on March 16, 2023.  The Court continued the hearing to May 16, 2023, to allow Ollar to pursue requests for dismissal.

On May 11, 2023, Ollar’s counsel filed a declaration stating that Plaintiffs Mary Orozco, Carlos Orozco, and Elizabeth Orozco had signed and returned their request for dismissal forms.  As to Plaintiff Chaydy Vega, counsel was still attempting to locate Chaydy Vega and to send her a request for dismissal form.  The Court continued the hearing for this motion to July 28, 2023 to allow Ollar’s counsel more time to obtain a signed dismissal form from Chaydy Vega.

On July 28, 2023, the Court noted that Counsel had not filed anything to apprise the Court of the status of locating Chaydy Vega and/or obtaining her signed dismissal form.  The Court continued the hearing for this motion to October 2, 2023 and stated it would be the last continuance of the motion.  Counsel was directed to file a supplemental brief apprising the Court of the status of their investigation at least 7 court days before the hearing.  Counsel was also cautioned that failure to comply could result in sanctions. 

Ollar’s counsel has not filed a supplemental brief or report.  The Court has afforded Ollar multiple opportunities to comply with the Court’s orders.  Given the Court’s warning that the hearing for this motion would not be continued further, the Court now DENIES Ollar’s motion to enforce the settlement and imposes sanctions of $250 against Ollar’s counsel for failure to comply with the Court’s orders.  Sanctions are to be paid within 30 days of this order.  

Moving party to give notice. 

Dated:   October 2, 2023                                            ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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 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.