Judge: Kevin C. Brazile, Case: 20STCV44984, Date: 2023-01-17 Tentative Ruling

Hearing Date: January 17, 2023

Case Name: Middleton, et al. v. Lee, et al.

Case No.: 19STCV30580

Matter: Motion to Dismiss 

Moving Party: Defendants Roy Lee and RL Films2, Inc.

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted.  

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This action was filed on August 28, 2019.  Defendants Roy Lee and RL Films2, Inc. seek to dismiss the Second Amended Complaint due to delay of prosecution.  They contend that “(1) Plaintiffs have failed to bring this matter for trial within three years after commencing the action against Defendants; (2) Since the withdrawal of their former counsel on August 10, 2022, Plaintiffs have failed to respond to any communications, discovery requests, or court filings from Defendants; (3) Plaintiffs have ignored a court order requiring them to produce a party witness for deposition and to pay monetary sanctions; (4) Plaintiff The John Powers Middleton Companies, LLC have failed to retain new counsel, and cannot represent itself.”

Code Civ. Proc. § 583.410 allows the Court to dismiss an action in its discretion in appropriate circumstances due to delay in prosecution, and Code Civ. Proc. § 583.420(a)(2)(A) provides that the Court may dismiss an action three years after its filing.  

Because there is no opposition, the Motion is granted.  (Cal. Rules of Court, Rule 8.54(c); Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.