Judge: Mel Red Recana, Case: 19STCV11329, Date: 2024-07-30 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: 19STCV11329    Hearing Date: July 30, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing date:              July 30, 2024

Moving Party:             Plaintiff H-G Apts, LLC (“Plaintiff”)

Responding Party:      None

Motion for Monetary Sanctions    

The Court has considered the moving papers. No opposition papers were filed.

The motion is DENIED WITHOUT PREJUDICE.

Background

            This is an action arising from the alleged breach of a lease agreement. On April 2, 2019, Plaintiff H-G Apts, LLC filed a Complaint against Defendants Wendy Wilkins; Avi Joseph Elias; David Cogan; Nathan F. Cogan, Trustee of the Nathan F. Cogan Survivor’s Trust Dated March 7, 2005; Nathan F. Cogan, Trustee of the Sara G. Cogan Decedent’s Share Trust Dated March 7, 2005; and Does 1 through 20, inclusive, alleging causes of action for: (1) Breach of Contract; (2) Intentional Misrepresentation/Fraud; (3) Negligent Misrepresentation; (4) Unjust Enrichment; (5) Declaratory Relief; and (6) Tort of Another.

            On September 30, 2021, Nathan Cogan, as trustee of the Nathan F. Cogan Survivor’s Trust dated March 7, 2008, and trustee of the Sara C. Cogan Decedent’s Share Trust, dated March 7, 2005, filed an Answer to the Complaint.

            On October 2, 2023, the Court ordered all parties in this case to participate in the Court’s Mandatory Settlement Conference (MSC) Program. (10/02/23 Minute Order.) The Court ordered “Counsel . . . to complete the MSC intake form and submit it to the program . . . .” (10/02/23 Minute Order.) Notice was waived. (10/02/23 Minute Order.)

            On February 7, 2024, Plaintiff filed the instant Motion for Sanctions Against Defendants Nathan F. Cogan, Trustee of the Nathan F. Cogan Survivor’s Trust Dated March 7, 2005 and Nathan F. Cogan, Trustee of the Sara G. Cogan Decedent’s Chare Trust Dated March 7, 2005 (the “Cogan Trusts”) and their Attorney Jonathan Dawson in the amount of $5,000.00. Plaintiff seeks sanctions against the Cogan Trusts and their attorney on the grounds that, although counsel for the parties attended the MSC on February 2, 2024, Defendant Nathan F. Cogan, who is the trustee for the Cogan Trusts, failed to attend the MSC.

            The motion is unopposed. Any opposition to the motion was required to have been filed and served at least nine court days prior to the hearing. (Code Civ. Proc., § 1005, subd. (b).)

Legal Standard

            “On the court’s own motion or at the request of any party, the court may set one or more mandatory settlement conferences.” (Cal. Rules of Court, rule 3.1380(a).) “Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the court for good cause. If any consent to settle is required for any reason, the party with that consensual authority must be personally present at the conference.” (Cal. Rules of Court, rule 3.1380(b).) “All counsel and persons with settlement authority must attend the settlement conference in person, unless prior arrangements have been made with the court for that person to appear by telephone” according to Los Angeles Superior Court Local Rules, Rule 3.245. Failure to comply with the Local Rules of the Los Angeles County Superior Court may result in the imposition of sanctions. (Los Angeles Sup. Ct., Local Rules, Rule 3.10.) “[T]he court may order a person, after written notice and an opportunity to be heard, to pay reasonable monetary sanctions to the court or an aggrieved person, or both, for failure without good cause to comply with the applicable rules.” (Cal. Rules of Court, rule 2.30(b).)

Discussion

a.       Evidence in Support of the Motion

             In support of the motion, Plaintiff’s counsel, Gary Fidler (“Fidler”), provides a declaration. Counsel declares that Defendant Nathan F. Cogan did not attend the February 2, 2024 MSC and there was no discussion in advance of Mr. Cogan not attending the MSC. (Fidler Decl., ¶ 3.) There was no discussion of the MSC being held virtually and no separate guidelines and instructions were provided. (Fidler Decl., ¶ 4.) On October 2, 2023, the Court ordered an MSC following the parties’ agreement. (Fidler Decl., ¶¶ 1,5; Ex. A.) Plaintiff requests sanctions of $5,500.00. (Fidler Decl., ¶ 6.) Mr. Fidler’s hourly rate is $500.00 per hour and more than 11 hours was spent as to preparing for the MSC and drafting the instant motion. (Fidler Decl., ¶ 6.) Mr. Fidler states that of the 11 hours of attorney time that were spent, one hour will be spent preparing the reply and attending the hearing on the motion. (Fidler Decl., ¶ 6.)

b.      Analysis

The Court finds that given that Plaintiff does not argue that the failure of Defendant

Nathan F. Cogan to appear at the MSC was not the cause of the parties failing to reach a settlement at the MSC, the Court finds that sanctions are inappropriate. The Court has discretion to award sanctions for a party’s failure to appear at an MSC. Counsel for the Cogan Trusts was present at the MSC and presumably had authority to settle for such defendants. The Court does not find that the failure of Defendant Nathan F. Cogan to appear at the MSC is egregious conduct to warrant the imposition of a substantial amount of monetary sanctions. However, the Court reminds all parties to comply with the applicable rules of court.

            Based on the foregoing, the motion for monetary sanctions filed by Plaintiff H-G Apts, LLC is DENIED WITHOUT PREJUDICE.

It is so ordered.

Dated: July 30, 2024

_______________________

MEL RED RECANA

Judge of the Superior Court