Judge: Michael P. Linfield, Case: 22STCV36720, Date: 2023-04-19 Tentative Ruling
Case Number: 22STCV36720 Hearing Date: April 19, 2023 Dept: 34
SUBJECT: Motion for Reconsideration of
Order for Monetary Sanctions Against Plaintiff’s Counsel
Moving Party: Plaintiff
Maria Gonzalez
Resp. Party: None
Plaintiff’s Motion
for Reconsideration is GRANTED.
The monetary
sanctions of $150.00 ordered against Plaintiff’s Counsel on March 23, 2023 are
DISCHARGED.
The monetary
sanctions of $250.00 ordered against Plaintiff’s Counsel on March 29, 2023 are
DISCHARGED.
BACKGROUND:
On November
21, 2022, Plaintiff Maria Gonzalez filed her Complaint against General Motors
LLC on causes of action regarding the Song-Beverly Consumer Warranty Act.
On December
9, 2022, the Court issued its Notice of Case Management Conference. The Notice
included an order to Plaintiff to serve the Song-Beverly Act Addendum to Case
Management Conference Statement (“Addendum”) on all parties/attorneys of record
concurrently with the Notice of Case Management Conference.
On December
22, 2022, Defendant filed its Answer.
On February
21, 2023, Plaintiff filed the Notice of Case Management Conference, which
included the Addendum signed by Counsel for both Parties.
On March 6,
2023, Plaintiff filed her Case Management Statement. This filing did not
include the Addendum.
On March 7,
2023, Defendant filed its Case Management Statement.
On March 21,
2023, the Court ordered Plaintiff’s Counsel to pay sanctions in the amount of
$150.00 to the Court for failure to file the Addendum prior to the Case
Management Conference. The Court also continued the Case Management Conference
scheduled for March 21, 2023 to March 29, 2023.
On March 23,
2023, Defendant filed its Case Management Statement. This filing did not
include the Addendum.
On March 29,
2023, the Court ordered Plaintiff’s Counsel to pay sanctions in the amount of
$250.00 to the Court for failure to file the Addendum. The Court also continued
the Case Management Conference scheduled for March 29, 2023 to April 28, 2023.
On March 30,
2023, Plaintiff filed her Motion for Reconsideration of Order against
Plaintiff’s Counsel. Plaintiff concurrently filed her Proposed Order.
There is no
opposition or other response to the Motion for Reconsideration.
ANALYSIS:
I.
Legal Standard for a Motion for Reconsideration
“When an application for an order has been made to a judge, or to a
court, and refused in whole or in part, or granted, or granted conditionally,
or on terms, any party affected by the order may, within 10 days after service
upon the party of written notice of entry of the order and based upon new or
different facts, circumstances, or law, make application to the same judge or
court that made the order, to reconsider the matter and modify, amend, or
revoke the prior order. The party making the application shall state by
affidavit what application was made before, when and to what judge, what order
or decisions were made, and what new or different facts, circumstances, or law
are claimed to be shown.” (Code of Civ. Proc., § 1008, subd. (a).)
II.
Discussion
On March 23 and 29, 2023, the Court issued orders
for Plaintiff’s Counsel to pay sanctions for failure to file the Addendum prior
to the Case Management Conference. However, Plaintiff’s Counsel has
demonstrated that the Addendum was filed with the Court on February 21, 2023, prior
to the Case Management Conference.
At the time
of the CMC, the Court was unaware that the Addendum had been previously filed,
and Plaintiff’s counsel did not bring this fact to the Court’s attention at the
hearing.
The Court
GRANTS Plaintiff’s Motion for Reconsideration. The Court DISCHARGES the
monetary sanctions of $150.00 ordered against Plaintiff’s Counsel on March 23,
2023.
On its own
Motion, the Court also DISCHARGES the monetary sanctions of $250.00 ordered
against Plaintiff’s Counsel on March 29, 2023.
III.
Conclusion
Plaintiff’s
Motion for Reconsideration is GRANTED.
The monetary
sanctions of $150.00 ordered against Plaintiff’s Counsel on March 23, 2023 are
DISCHARGED.
The monetary
sanctions of $250.00 ordered against Plaintiff’s Counsel on March 29, 2023 are
DISCHARGED.