Judge: Michelle C. Kim, Case: 23STCV05347, Date: 2024-05-30 Tentative Ruling

Case Number: 23STCV05347    Hearing Date: May 30, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

LONNIE MARIE ORTIZ, 

Plaintiff(s), 

vs. 

 

ARQUIMIDES MORALES, ET AL., 

 

Defendant(s). 

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      CASE NO: 23STCV05347 

 

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR TERMINATING SANCTIONS 

 

Dept. 31 

1:30 p.m. 

May 30, 2024 

 

Plaintiff Lonnie Marie Ortiz (“Plaintiff”) filed this action against defendant Arquimides Morales (“Defendant”) and Does 1 to 10 for damages arising from a motor vehicle collision. 

 

Defendant now moves for terminating sanctions against Plaintiff to dismiss Plaintiff’s action for failing to serve verified discovery responses in compliance with the Court’s January 31, 2024 Order. The motion is unopposed. 

 

Here, the Court notes that Plaintiff’s counsel’s motion to be relieved as counsel was granted on February 16, 2024. Notably, Plaintiff’s counsel served the Notice of Ruling only on Defendant, but not on Plaintiff. The ruling is not effective until proof of service of the final order is filed on all parties to the action. As such, Plaintiff is still considered represented by Anthony Willoughby (“Mr. Willoughby”) of Willoughby & Associates. 

 

Pursuant to CRC, Rule 1.21, “Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented.” Here, Defendant’s motion was served on Plaintiff directly rather than on Plaintiff’s counsel of record.  

 

Accordingly, Defendant’s motion for terminating sanctions is denied without prejudice. The Court requests defense counsel to reach out to Mr. Willoughby regarding the aforementioned issue. In addition, the Court sets an OSC re: sanctions in an amount up to $500 for Plaintiff’s counsel’s failure to file proof of service of the final order of the motion to be relieved as counsel for June __, 2024, 8:30 AM. 

 

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 29th day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court