Judge: Kevin C. Brazile, Case: 22STCV32187, Date: 2024-01-30 Tentative Ruling

Hearing Date: January 30, 2024

Case Name: Fanucci Restaurant Group, LLC v. The Los Angeles Design Group, et al.

Case No.: 21STCV02464

Matter: Motion to Dismiss

Moving Party: Defendants Design Group, Inc. and Claus Benjamin Freyinger

Responding Party: Plaintiff Fanucci Restaurant Group, LLC

Notice: OK

Ruling: The Motion to Dismiss is denied.

Moving party 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. 

A First Amended Complaint was filed in this matter on May 5, 2021.

The trial date is set for July 29, 2024.

Defendants Design Group, Inc. and Claus Benjamin Freyinger seek for this action to be dismissed because Plaintiff Fanucci Restaurant Group, LLC has essentially not participated in this matter for the entirety of its duration and has failed to respond to discovery, causing prejudice for trial.  Defendants’ request is made pursuant to Code Civ. Proc. §§   583.410-538.430, which relate to delay in prosecution.  

Plaintiff argues that the delay was caused by change of counsel and that discovery responses have now been served.

Given that trial is not for another six months and discovery responses have now been provided, the Court, in the exercise of its discretion, will not at this time dismiss the matter.

The Motion to Dismiss is denied.

Moving party 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.