Judge: Kerry Bensinger, Case: 21STCV35730, Date: 2024-01-10 Tentative Ruling

Case Number: 21STCV35730    Hearing Date: February 21, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     February 21, 2024                             TRIAL DATE:  April 29, 2024

CASE:                         The Redeemed Christian Church of God-Jesus Embassy, Los Angeles v. Mutiu Olatunji Durosinmi-Etti, et al.

CASE NO.:                 21STCV35730

MOTION FOR SANCTIONS PURSUANT TO CALIFORNIA

CODE OF CIVIL PROCEDURE SECTION 128.5

MOVING PARTY:               Plaintiff The Redeemed Christian Church of God-Jesus Embassy, Los Angeles

RESPONDING PARTY:     No opposition 

This is a breach of contract case concerning real property.  On September 28, 2021, Plaintiff, The Redeemed Christian Church of God-Jesus Embassy Los Angeles, filed a complaint against Defendants, Swift Petrochemicals, Inc. (“Swift”) and Mutiu Olatunji Durosinmi-Etti (“Etti”).  On October 9, 2023, Plaintiff filed the operative Third Amended Complaint (TAC) alleging causes of action for: 1) Breach of Contract, 2) Promissory Estoppel, 3) Breach of the Implied Covenant of Good Faith and Fair Dealing, 4) Declaratory Relief, 5) Constructive Trust, and 6) Fraud. 

On December 4, 2023, Plaintiff filed this motion for sanctions against Defendants and their counsel. 

The motion is procedurally defective.  First, the proof of service states that Defendants were served with Plaintiff’s Notice of Motion and Motion to Compel Deposition.  There is no proof of service showing Defendants were served with this motion.  Second, the notice of motion does not state the grounds for issuance of the order.  “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.”  (Cal. Rules of Court, rule 3.1110(a).)    

Accordingly, Plaintiff’s motion for sanctions is DENIED without prejudice.

Clerk of the Court to give notice. 

Dated:   February 21, 2024