Judge: Lee W. Tsao, Case: 20NWCV00686, Date: 2023-03-22 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 20NWCV00686    Hearing Date: March 22, 2023    Dept: SEC

SUN WEST
MORTGAGE COMPANY, INC. v. STATES MORTGAGE COMPANY, INC.

CASE NO.:  20NWCV00686

HEARING:  3/22/23 @ 1:30 PM

#5

TENTATIVE RULING

Defendant States
Mortgage Company, Inc.’s motion for an order re-setting Defendant’s motion for terminating
and monetary sanctions is DENIED.

Opposing Party to give NOTICE.

Defendant States Mortgage Company, Inc. moves
to reset its motion for terminating and monetary sanctions.

Plaintiff dismissed this action on December
29, 2022.

“Once a person has been dismissed from an action, he is no
longer a party and the court lacks jurisdiction to conduct any further
proceedings as to him. However, even after a party is dismissed from the
action, he may still have collateral statutory rights which the court must
determine and enforce. These include the right to statutory costs and attorneys
fees and the right to notice and hearing on a motion to set aside the
dismissal.”  (Frank Annino & Sons Constructions, Inc.
vs McArthur Restaurants, Inc. (1989) 215 Cal.App.3d 353, 357.)

Defendant
relies on Frank Annino for the proposition that the court may hear
Defendant’s discovery motion as a “collateral matter.”  Frank Annino is distinguishable
because it involves a CCP § 128.5 motion for bad faith, and the action was
dismissed a day before the summary judgment hearing. 

Here,
Defendant is seeking discovery, and Plaintiff dismissed the action within days
after the filing of the motion, not months like in Frank Annino. 

Defendant also
relies on City of Los Angeles v.
PricewaterhouseCoopers, LLC (2022) 84
Cal.App.5th 466, but this action is under review, and not binding.  (CRC 8.1115(e)(1).)

Further, on
the merits, the discovery sanctions
the court may impose are such as are suitable and necessary to enable the
party seeking discovery to obtain the objects of the discovery he seeks, but
the court may not impose sanctions which are designed not to accomplish the
objects of discovery but to impose punishment.  (Laguna Auto Body v. Farmers Ins. Exchange
(1991) 231 Cal.App.3d 481, 487.) 
Defendant was dismissed from this action.  The object of discovery is no longer at
issue.

Motion is DENIED.