Judge: Randall J. Sherman, Case: 2021-01180189, Date: 2022-10-28 Tentative Ruling

Defendant, Cross-Defendant, and Cross-Complainant Cini-Little International, Inc.’s Motion for Sanctions Against Rosser International, Inc. Pursuant to CCP §§128.5(a) and 128.7 is denied.  Cini-Little’s Request for Judicial Notice is granted.

Cini-Little’s Memorandum of Points and Authorities argues that Rosser improperly participated in this litigation while it was forfeited or suspended, but does not identify any specific actions Rosser took while it was forfeited.  Thus, Cini-Little fails to satisfy the requirement of CCP §§128.5(a) that Rosser undertook “actions or tactics” in bad faith.  Looking just at participating in the litigation generally, Cini-Little fails to show that Rosser knew that it could not legally participate in litigation while forfeited, or that Rosser’s attorneys knew that Rosser was forfeited when it took action on Rosser’s behalf, before Cini-Little’s counsel notified Rosser’s counsel of the forfeiture in November 2021.  Thus, Cini-Little fails to show bad faith.  Cini-Little also fails to show the applicability of any of the provisions of CCP §§128.7(b)(1)-(4).  Finally, Cini-Little’s Memorandum of Points and Authorities fails to identify any specific instances of Cini-Little incurring any reasonable expenses, including attorneys’ fees, as a result of Rosser litigating while forfeited.

Cini-Little is ordered to give notice of the ruling.