Judge: Layne H. Melzer, Case: 2019-01052692, Date: 2022-07-21 Tentative Ruling

Plaintiff Audrey Verrette’s motion for sanctions against defendant FCA US, LLC under Code Civ. Proc. §128.5 is denied. Defendant’s counter-request for sanctions is denied.

A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. . . .

Code Civ. Proc. § 128.5(a).

Plaintiff contends that Defendant’s failure to pay the fees and costs ordered by this court on 6/16/21, and failure to respond to Plaintiff’s counsel’s follow up emails, is due to bad faith and an attempt to delay.

Defendant contends that a check was sent in September 2021 and not cashed. Defendant further contends it has now sent another check.  The court notes that Plaintiff has taken off calendar her motion to enforce the parties’ settlement to obtain payment.

The court does not find that either party’s actions were done in bad faith.   It appears to the court that Defendant’s counsel’s inattention to Plaintiff’s counsel’ emails was the result of disorganization and sloppiness, rather than bad faith.

Nor was Plaintiff’s motion brought in bad faith.  Rather, it appears the motion was necessary to obtain payment.