Judge: Mark H. Epstein, Case: 21SMCV01968, Date: 2023-02-09 Tentative Ruling

Case Number: 21SMCV01968    Hearing Date: February 9, 2023    Dept: R

The ex parte application is DENIED for lack of exigent circumstances.  There is a motion to continue date reserved for March 14, 2023.  The court is not convinced that is the earliest date available, but even if it is, that is enough time to bring the motion.  That is especially so in that the trial date has been set since last October.  The court does not intend to hear argument on this ex parte.  The denial is WITHOUT PREJUDICE to a noticed motion.

As an aside, the court has reviewed some of the correspondence between cross-complainant and cross-defendant’s counsel.  If this is representative of the communications, it must stop and stop now.  All communications from and to defendant shall be civil in tone.

The court takes particular offense at what could be statements made by cross-complainant concerning cross-defendant’s counsel that amount to national origin slurs.  Such conduct is improper under any circumstances.  If it continues, the court will exercise its inherent authority to dismiss the cross-action with prejudice for that conduct alone.  The court wants to be clear.  Cross-complainant is free to zealously prosecute his case on the merits, and he is entitled to the same procedural and substantive protections as all other litigants.  What cross-complainant is not entitled to do is to engage in personal attacks against counsel or any party, especially based on things like national origin or ethnicity.  Of course, the converse is true as well.  To the extent that cross-defendants have made any such statements to cross-complainant, those must stop immediately as well.  However, the court has seen no evidence of that.

Hopefully, this will be clear enough.  But if it is not, the court is prepared to use the tools at hand to enforce propriety and to punish affirmative misconduct.