Judge: Olivia Rosales, Case: VC064926, Date: 2023-02-09 Tentative Ruling

Case Number: VC064926    Hearing Date: February 9, 2023    Dept: SEF

ESSIEN v. ERDM, INC., et al.

CASE NO.:  VC064926

HEARING:  2/9/23 @ 10:30 AM

JUDGE:  Lee W. Tsao

#9

TENTATIVE RULING

Specially Appearing Defendant Century Law Group’s motion to dismiss is GRANTED.

Defendants Acuna and Larson’s motion to dismiss is GRANTED.

Moving Parties to give NOTICE.

Specially Appearing Defendant Century Law Group and Defendants Acuna and Larson move to dismiss this action for Plaintiff’s failure to prosecute.

As to Century Law Group:

“(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times:  (A) Three years after the action is commenced against the defendant…”  (CCP § 583.420.)

Plaintiff Essien filed the action on July 28, 2015, naming Century Law Group.  However, Century Law Group has never been served.  Accordingly, the action is dismissed against Century Law Group pursuant to CCP § 583.240(a)(1).

As to Acuna and Larson:

“An action shall be brought to trial within five years after the action is commenced against the defendant.”  (CCP § 583.310.)  For cases filed on or before April 6, 2020, Emergency Rule 10(a) adds six months to the deadline.

“(a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article.  (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.”  (CCP § 583.360.)

Plaintiff Essien filed the action against Defendants Acuna and Larson on July 28, 2015. 

On December 1, 2021, Acuna and Larson agreed to stay the proceedings pending the resolution of the appeal in VC059422, but Larson and Acuna did not agree to waive the time limitation pursuant to CCP § 583.310. 

On December 20, 2022, the Court of Appeals issued the remittitur in Case No. B299725 (which includes VC059422 as a consolidated case), affirming the judgment in full.

This action is 7 years and 7 months old, and there is no indication that the time within which this action must be brought to trial was tolled or extended for any other reason.  Plaintiff did not file any opposition.

Accordingly, the motion is GRANTED.