Judge: Mark E. Windham, Case: 19STLC00618, Date: 2022-10-27 Tentative Ruling

Case Number: 19STLC00618    Hearing Date: October 27, 2022    Dept: 26

MOTION TO DISMISS FOR FAILURE TO PROSECUTE

(CCP §§ 583.210(a), 583.250(a)(2), 583.410(a), 583.420(a)(2)(A))

TENTATIVE RULING:

Defendants Carlos Ramirez and Blanca Ramirez’s Motion to Dismiss is GRANTED. THE ACTION IS DISMISSED WITH PREJUDICE.

ANALYSIS:

On January 16, 2019, Plaintiff Marlene Garcia (“Plaintiff”) filed this action against Defendants Carlos Ramirez and Blanca Ramirez (“Defendants”). Defendants filed an Answer on March 27, 2019. The July 2, 2021 trial date was then continued multiple times by stipulation. (Minute Order, 07/02/21; Stip and Order, filed 10/25/21; Stip and Order, filed 02/02/22.) At the next trial date on June 29, 2022, defense counsel represented that Defendants intended to file a Motion to Dismiss. (Minute Order, 06/29/22.) The Court set the Motion to Dismiss for hearing on October 27, 2022 and continued the trial to the same date. (Ibid.)

Defendants filed the instant Motion to Dismiss for Failure to Prosecute on September 1, 2022. No opposition has been filed to date.

Discussion

Defendants move to dismiss the action under the Court’s discretionary authority pursuant to Code of Civil Procedure sections 583.410 and 583.420. Code of Civil Procedure section 583.410 provides that an action can be dismissed under appropriate circumstances when made “pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.” (Code Civ. Proc., § 583.410, subds. (a), (b).) Dismissal is permitted when an action has not been brought to trial within three years of its commencement. (Code Civ. Proc., § 583.420, subd. (a)(2)(A).) Dismissal is even permitted two years after the action is commenced “for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant.” (Cal. Rules of Court Rule 3.1340, subd. a.)

Plaintiff has failed to bring this action to trial within two years of its commencement. The action was filed on January 16, 2019, almost three years ago. Plaintiff has not propounded any discovery nor responded to discovery propounded by Defendants. (Motion, Harlan Decl., ¶3.) Plaintiff has not done anything to prepare for trial and ignored Defendants’ attempts to meet and confer regarding joint trial documents and motions in limine. (Id. at ¶4.) Finally, Plaintiff makes no opposition to this Motion to Dismiss to explain the failure to prosecute this case in a diligent manner. Therefore, the Court exercises its discretion and determines that dismissal is appropriate under Code of Civil Procedure sections 583.410 and 583.420.

Conclusion

Defendants Carlos Ramirez and Blanca Ramirez’s Motion to Dismiss is GRANTED. THE ACTION IS DISMISSED WITH PREJUDICE.

Moving party to give notice.