Judge: Michael Small, Case: BC609258, Date: 2025-03-04 Tentative Ruling

Case Number: BC609258    Hearing Date: March 4, 2025    Dept: 57

Pending before the Court is an order to show cause as to why the Court should not on its own motion pursuant to Code of Civil Procedure Section 583.360(a) dismiss Defendants Geraldo De La Torre, Hugo Cabrera, and City Safari Hollywood, Inc. due to Plaintiff James Moretti's failure to bring the action against them to trial within five-years from the commencement of the action as required by Section 583.310.   Having considered the competing briefs on this question submitted by Moretti and Defendants Astra Pacific Outdoor, LLC and Astrid Rodriguez, the Court is dismissing Geraldo De La Torre, Hugo Cabrera, and City Safari Hollywood, Inc with prejudice.   

On October 4, 2024, Moretti, on the one hand, and Astra Pacific Outdoor, LLC and Astrid Rodriguez, on the other hand, stipulated to extend the time to bring the action to trial, as is permitted by Section 583.330, to June 2, 2025.   This stipulation was on top of prior such stipulations between Moretti, on the one hand, and Astra Pacific Outdoor LLC and Astrid Rodriguez, on the other hand. Geraldo De La Torre, Hugo Cabrera, and City Safari Hollywood, Inc were not parties to the October 4, 2024 stipulation. The deadlines in much older stipulations extending the time to bring the action to trial to which Geraldo De La Torre, Hugo Cabrera, and City Safari Hollywood, Inc were parties have long since expired.  Whether Geraldo De La Torre, Hugo Cabrera, and City Safari Hollywood, Inc. were aware of conferences at which subsequent stipulations were entered into by Moretti, on the one hand, and  Astra Pacific Outdoor LLC and Astrid Rodriguez, on the other hand is not relevant to the question before the Court.