Judge: Mark H. Epstein, Case: 19SMCV01876, Date: 2023-10-05 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 19SMCV01876    Hearing Date: November 13, 2023    Dept: I

At the last conference, Farzaneh did not appear.  Defendant filed FSC materials back in November 2021, but plaintiff has filed nothing.  At the last hearing, and before, the court has stated that unless cause is shown, the court will dismiss the action pursuant to Code of Civil Procedure section 583.410 for failure to bring the case to trial.  Dismissal under that statute is discretionary.  In the exercise of the court’s discretion, the court has concluded that Farzaneh has no interest in litigating the case and likely never did.  He has done nothing or next to nothing since the complaint was filed back in October 2019.  The time has come to dismiss the action and let the parties go on with their lives.  Another ground for dismissal is Farzaneh’s repeated failure to file any final status conference materials, his repeated failures to appear at hearings, and his repeated failure to follow orders of this court.  The case is therefore DISMISSED WITHOUT PREJUDICE.