Judge: Mark C. Kim, Case: 19STCV02649, Date: 2022-11-01 Tentative Ruling

Case Number: 19STCV02649    Hearing Date: November 1, 2022    Dept: S27

On 7/25/22, the Court heard and granted Rovar’s motion to require Plaintiffs to post bond if they wanted to proceed with this action.  The Court found (a) Plaintiffs reside out of state, and (b) Rovar established a reasonable possibility of prevailing on the merits of the action.  Pursuant to CCP §1030(d), Plaintiffs were obligated to file an undertaking within thirty days after Defendant served the order, which Defendant did on 7/27/22. 

On 9/07/22, Defendant filed this motion to dismiss.  Defendant makes the motion on the ground that Plaintiffs have not filed the required undertaking, and §1030(d) mandates dismissal under the circumstances.  Pursuant to CCP §1005(b), any opposition to the motion was due on or before 10/19/22.  The Court has not received opposition to the motion.  In light of Plaintiffs’ failure to post bond and failure to oppose the motion, the motion is granted.  Plaintiffs’ action against Moving Defendant, Rovar Properties, LLC is dismissed. 

Defendant is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.