Judge: Maurice A. Leiter, Case: 21STCV04939, Date: 2024-04-30 Tentative Ruling



Case Number: 21STCV04939    Hearing Date: April 30, 2024    Dept: 54

Superior Court of California

County of Los Angeles

 

Francis Yee-Hong Wong,

 

 

 

Plaintiff,

 

Case No.:

 

 

21STCV04939

 

vs.

 

 

Tentative Ruling

 

Claire Yee-Ying Wong, et al.,

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date: April 30, 2024

Department 54, Judge Maurice Leiter

Motion to Dismiss

Moving Party: Defendants Clare Wong, Helen Wong and Theresa Wong Lee

Responding Party: Plaintiff Francis Yee-Hong Wong

 

T/R:     DEFENDANTS MOTION TO DISMISS IS DENIED.

 

DEFENDANTS TO NOTICE.

 

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers and opposition.

 

Defendants move to dismiss this action for lack of prosecution under CCP § 583.410. Defendants assert that Plaintiff has refused to pay Plaintiff’s share of arbitration costs, despite being ordered to arbitration by the Court on November 16, 2021.

 

The Court declines to dismiss the action on these grounds. Plaintiff represents that she has been ill, preventing her from participating in the arbitration. Plaintiff states that she intends to arrange a hearing before the arbitrator prior to hearing on this motion.

 

Defendants’ motion is DENIED.