Judge Melvin D. Sandvig, Case Number: 24CHCV03213, Date: 2025-01-15 Tentative Ruling

Judge: Melvin D. Sandvig, Case: 24CHCV03213, Date: 2025-01-15 Tentative Ruling

Case Number: 24CHCV03213 Hearing Date: January 15, 2025 Dept: F47

Dept. F47

Date: 1/15/25

Case #24CHCV03213

MOTION FOR SANCTIONS

Motion filed on 11/25/24.

MOVING PARTY: Cross-Defendant Ralph Sasson

RESPONDING PARTY: Cross-Complainants Quentin Collins; Bernard Collins and Armene Voskanyan

NOTICE: ok

RELIEF REQUESTED: An order, pursuant to CCP 128.5 and 128.7, imposing sanctions against Cross-Complainants Quentin Collins, Bernard Collins and Armene Voskanyan, jointly and severally, in the amount of $16,830.00 for Sasson’s reasonable expenses and attorneys’ fees incurred as a result of Cross-Complainants filing and refusal to dismiss their factually frivolous Cross-Complaint. Additionally, Sasson requests that the Court dismiss the Cross-Complaint with prejudice. Further, Sasson requests that the Court order that Cross-Complainants must obtain leave of Court before filing any further pro se actions against Sasson.

RULING: The motion is granted, in part, and denied, in part, as set forth below.

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a dog attack that occurred on 4/25/24 and ensuing confrontations and/or altercations between Plaintiff/Cross-Defendant Ralph Sasson (Ralph) and Defendants/Cross-Complainants Quentin (Quentin) Collins, Bernard Collins (Bernard) and Armene Voskanyan (Armene) (collectively, the Collins Family) occurring on 4/25/24, 4/26/24, 4/27/24 and 7/10/24.

Ralph and the Collins Family live on the same block with one house separating their homes. In the late evening on 4/25/24, as evidenced by the testimony and other evidence at the hearings on the restraining orders between the parties, the Collins Family’s German Shepherds attacked Ralph’s two small dogs by coming onto Ralph’s property. (See Karapetyan Decl., Ex.1-3, 6, 7). The testimony further indicates that the situation became heated with Ralph, Quentin and Bernard exchanging expletives and Quentin and Bernard refusing to leave Ralph’s property after repeatedly being asked to do so. (Id.). Thereafter, on 4/26/24 and 4/27/24, further words were exchanged between Ralph, Quentin and Bernard culminating in a physical altercation. Id. The parties filed petitions for restraining orders against one another which were granted on 8/6/24. (Id., Ex.2, p.99:6-p.105:7).

On 9/6/24, Sasson filed this action against the Collins Family for: (1) Strict Liability (Bernard & Armene), (2) Negligence Per Se (Bernard & Armene), (3) Negligence (Bernard & Armene), (4) Trespass to Chattels (Bernard & Armene), (5) Negligent Supervision (Bernard & Armene), (6) Assault I (Quentin), (7) Assault II (Quentin), (8) Battery (Quentin), (9) Trespass to Land (Quentin), (10) Assault (Bernard), (11) Battery (Bernard), (12) Trespass to Land I (Bernard), (13) Trespass to Land II (Bernard), (14) Slander Per Se (Bernard) and (15) Intentional Infliction of Emotional Distress (Bernard & Quentin).

On 10/25/24, the Collins Family, representing themselves, answered the complaint and filed a cross-complaint against Ralph for: (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, (4) Trespass to Chattel, (5) Trespass to Land, (6) Violation of Ralph Act (Civil Code 51.7) and (7) Violation of Bane Act (Civil Code 52.1).

On 11/1/24, Ralph provided the Collins Family with the “safe-harbor” notice required under CCP 128.5 and CCP 128.7 regarding the withdrawal of their cross-complaint or the instant motion would be filed. The Collins Family did not withdraw the cross-complaint. Therefore, on 11/25/24, Ralph filed and, again, served the Collins Family with the instant motion seeking an order, pursuant to CCP 128.5 and 128.7, imposing sanctions against Cross-Complainants Quentin Collins, Bernard Collins and Armene Voskanyan, jointly and severally, in the amount of $16,830.00 for Ralph Sasson’s reasonable expenses and attorneys’ fees incurred as a result of Cross-Complainants filing and refusal to dismiss their factually frivolous Cross-Complaint. Additionally, Ralph Sasson requests that the Court dismiss the Cross-Complaint with prejudice. Further, Ralph Sasson requests that the Court order that Cross-Complainants must obtain leave of Court before filing any further pro se actions against Ralph Sasson.

The Collins Family has not opposed or otherwise responded to the motion.

ANALYSIS

CCP 128.5(a) provides, in relevant part, that “[a] trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (emphasis added). “Bad faith” means that “the action or tactic is being pursued for an improper motive” such as intending to cause unnecessary delay, or for the sole purpose of harassing the other side. Gemini Aluminum Corp. (2002) 95 CA4th 1249, 1263. Bad faith is also defined as dishonesty of belief, purpose or motive. Jones (2020) 57 CA5th 521, 536.

CCP 128.7 allows for the imposition of sanctions, including monetary sanctions and dismissal, for abuses in the filing of pleadings, etc. See Musaelian (2009) 45 C4th 512, 514; Ponce (2018) 21 CA5th 253, 263; Averill (1996) 42 CA4th 1170, 1176 n.2; CCP 127.8(b), (d). By filing the cross-complaint with the court, the Collins Family certified to the best of their knowledge, information and belief, formed after a reasonable inquiry that the cross-complaint was not being presented for primarily an improper purpose, such as to harass or to cause unnecessary delay or needlessly increase the cost of litigation and the allegations and factual contentions have evidentiary support. See CCP 128.7(b)(1), (3).

The Court does not find that the filing of the cross-complaint rises to the level of bad-faith necessary to impose sanctions under CCP 128.5. The Court finds that the allegations in the cross-complaint arose after an incident, a dog attack, which caused tensions to rise between neighbors who previously seemingly got along. The filing of the cross-complaint (and the allegations therein) appears to be the Collins Family’s interpretation of the interactions between the parties following the dog attack rather than an act of bad faith.

However, based on the evidence presented at the restraining order hearings, including the testimony of the Collins Family, the Court finds that the Collins Family did not/do not have evidentiary support for the allegations made in the cross-complaint which concern incidents that occurred on 4/25/24, 4/26/24, 4/27/24 and 7/10/24. (See Karapetyan Decl., Ex.1-3, 6, 7); CCP 128.7(b)(3). For example, the cross-complaint alleges that Ralph’s dogs attacked the Collins Family’s dogs when the evidence at the restraining order hearings establishes that it was the Collins Family’s dogs that attacked Ralph’s dogs. (See Cross-Complaint ¶12; Karapetyan Decl., Ex.1, pp.47:15-49:7, p.70:16-18, p.70:28-p.71:17; Ex.6). Additionally, the cross-complaint alleges that Ralph trespassed onto the Collins Family’s property shouting racial slurs and making physical threats. (Cross-Complaint ¶17). However, evidence from the restraining order hearings indicates that Ralph never came onto the Collins Family’s property. (See Karapetyan Decl., Ex.2, p.11:3-10, p.56:24-p.57:18; Ex.5-6).

Sanctions imposed for a violation of CCP 128.7(b) must be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated and may include monetary sanctions (payment of some or all of the reasonable attorney’s fees and other expenses incurred as a direct result of the violation) and non-monetary sanctions, including dismissal. See CCP 128.7(d); Ponce, supra; Averill, supra.

Based on the evidence presented with this motion and lack of opposition/response thereto by the Collins’ Family, the Court finds that dismissal of the cross-complaint is warranted along with monetary sanctions in the amount of $2,810.00 against the Collins Family, jointly and severally.

The Court finds that the $16,830.00 requested in monetary sanctions to be unwarranted. First, the Court finds that the time spent by Ralph’s counsel reading the trial transcript from the restraining order hearings and viewing the videos from 4/25/25 and4/27/24 would have been necessary to prepare Ralph’s claims against the Collins Family in this action. Additionally, the Court finds that the instant motion is unnecessarily lengthy. For example the “Relevant Factual Background” portion of the motion includes many irrelevant facts and counsel’s improper commentary. (See Motion, p.1:26-p.2:7 - The fact that Ralph took the California Bar exam in 2022 and passed on his first attempt has no relevance to this motion/case and is not supported by any evidence; p.15:2-p.16:7 amounts to improper commentary/opinion). Further, the motion unnecessarily repeats the same “facts.” (See Notice of Motion, p.2:13-p.3:24 and Memorandum of Points & Authorities, p.18:11-p.20:20 which unnecessarily reiterate the facts/arguments included at p.4:15-p.14:7 of the Memorandum of Points & Authorities).

The Court finds that Ralph is entitled to recover reasonable attorney’s fees in the amount of $2,810.00 for 4 hours to prepare the instant motion, plus 1 hour to appear at the hearing on the motion at $550/hour plus a $60.00 filing fee.

The Court finds that Ralph has failed to establish that an order requiring the Collins Family to obtain leave of Court before filing any further pro se actions against Ralph is warranted or proper under the circumstances.

CONCLUSION

The request for an order imposing sanctions against Cross-Complainants Quentin Collins, Bernard Collins and Armene Voskanyan under CCP 128.7 is granted, in part. Quentin Collins, Bernard Collins and Armene Voskanyan’s cross-complaint against Ralph Sasson filed on 10/25/24 is dismissed with prejudice. Additionally, sanctions in the amount of $2,810.00 are imposed against Quentin Collins, Bernard Collins and Armene Voskanyan, payable within 30 days.

The request for sanctions against Quentin Collins, Bernard Collins and Armene Voskanyan under CCP 128.5 is denied.

The request for an order requiring Quentin Collins, Bernard Collins and/or Armene Voskanyan to obtain leave of Court before filing any further pro se actions against Ralph Sasson is denied.