Judge: Michelle C. Kim, Case: 20STCV49057, Date: 2024-04-15 Tentative Ruling

Case Number: 20STCV49057    Hearing Date: April 15, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ROCIO FOLEY, 

Plaintiff(s),  

vs. 

 

CITY OF COMPTON, ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV49057 

 

[TENTATIVE] ORDER DENYING MOTION FOR SANCTIONS 

 

Dept. 31 

1:30 p.m.  

April 15, 2024 

 

Plaintiff Rocio Foley (“Plaintiff”) filed this action against defendants the City of Compton, County of Los Angeles, RWS Property Inc. and Atlantic Richfield Company for damages arising from Plaintiff’s vehicle striking an allegedly narrow driveway and/or unmarked curb. Plaintiff has dismissed the City of Compton; dismissal was entered on January 24, 2022. 

 

Plaintiff filed the instant motion for sanctions pursuant to Civ. Code. Proc. § 128.7. The motion is denied on the grounds of the defective proof of service. The proof of service fails to state what documents were served on the parties to the action. Further, the service list only names County of Los Angeles. There is no indication that the other parties who have appeared in the action, namely Atlantic Richfield Company and RWS Property, Inc., have been properly served. 

 

Based on the foregoing, Plaintiff’s motion for sanctions is DENIED. 

 

Moving party is ordered to give notice. 

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 12 day of April 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court