Judge: Nick A. Dourbetas, Case: 2019-01055881, Date: 2022-08-05 Tentative Ruling

1. Motion for Sanctions

2. Motion for Sanctions

Motion No. 1:

Defendant FCA US, LLC’s Motion for Issuance of Terminating and Monetary Sanctions Against Plaintiff Sandra Maneri is DENIED. (See Code Civ. Proc. § 2023.010, subd. (g).)

The proof of service for the moving papers is defective. Calif. Code of Civil Procedure, section 1013b requires that a proof of electronic service state the electronic service address of the person who served the pleading. (See Code Civ. Proc. § 1013b, subd. (b)(1).) In the absence of a responsive pleading, the court cannot determine whether the notice of motion was served in compliance with Calif. Code of Civil Procedure, section 1005, subdivision (b).

Despite two rulings ordering proper proof of service of the moving papers, the court’s records do not reflect proof of service of the moving papers upon plaintiff.

The motion is also denied because defendant has not shown both violation of the court’s orders, and that such violation was willful. (See R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.)

The request for terminating sanctions as to plaintiff Sandra Maneri’s complaint is also denied as partially moot, based upon the dismissal of Ms. Maneri’s complaint on 04/06/22 without prejudice. (ROA 358.)

Defendants are ordered to give notice.

Motion No. 2:

Defendant FCA US, LLC’s Motion for Issuance of Terminating and Monetary Sanctions Against Plaintiff Sandra Maneri is DENIED. (See Code Civ. Proc. § 2023.010, subd. (g).)

The proof of service for the moving papers is defective. Calif. Code of Civil Procedure, section 1013b requires that a proof of electronic service state the electronic service address of the person who served the pleading. (See Code Civ. Proc. § 1013b, subd. (b)(1).) In the absence of a responsive pleading, the court cannot determine whether the notice of motion was served in compliance with Calif. Code of Civil Procedure, section 1005, subdivision (b).

The motion is also denied because defendant has not shown both violation of the court’s orders, and that such violation was willful. (See R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.)

The request for terminating sanctions as to plaintiff Sandra Maneri’s complaint is also denied as partially moot, based upon the dismissal of Ms. Maneri’s complaint on 04/06/22 without prejudice. (ROA 358.)

The request for additional monetary sanctions is denied.

Defendants are ordered to give notice.