Judge: Richard S. Whitney, Case: 37-2021-00051190-CU-PO-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00051190-CU-PO-CTL VALDIVIA VS SO CAL TRAFFIC INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT STATE OF CALIFORNIA, BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION'S MOTION TO REQUIRE PLAINTIFFS ISMAEL VALDIVIA AND ADRIAN VALDIVIA TO FILE AN UNDERTAKING OF $35,530 TO SECURE DEFENDANT'S FEES AND COSTS PURSUANT TO CODE OF CIVIL PROCEDURE § 1030 is GRANTED.

Plaintiffs ADRIAN VALDIVIA and ISMAEL VALDIVIA ('Plaintiffs') do not dispute that Defendants and Cross-Complainants SO. CAL TRAFFIC, INC. and STATE OF CALIFORNIA, BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION ('Defendants') have met their burden to show Plaintiffs now resides out of state and that there is a reasonable possibility that Defendants would prevail at trial. Also, Plaintiffs do not dispute the reasonableness of the amount of the bond requested by Defendants.

Rather, Plaintiffs assert they are indigent, such that the bond should be waived by this Court. 'Even if the defendant establishes the grounds for an undertaking, the trial court may waive the requirement if the plaintiff establishes indigency.' (Alshafie v. Lallande (2009) 171 Cal.App.4th 421, 429.) 'The party seeking relief from the requirement of posting a bond or undertaking has the burden of proof to show entitlement to such relief.' (Williams v. Freedomcard, Inc. (2004) 123 Cal.App.4th 609, 614.) Plaintiffs have not met their burden to show entitlement to relief.

'Indigent person' means a person whose income is (1) 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget, or (2) who is eligible for Supplemental Security Income or free services under the Older Americans Act or Developmentally Disabled Assistance Act. With regard to a project that provides free services of attorneys in private practice without compensation, 'indigent person' also means a person whose income is 75 percent or less of the maximum levels of income for lower income households as defined in Section 50079.5 of the Health and Safety Code. For the purpose of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses.

(Bus. & Prof. Code, § 6213(d).) While it would appear Plaintiffs' incomes in 2020 and 2021 from pay might have been low enough to categorize them as indigent, Plaintiffs fail to provide any additional evidence to determine if they currently meet the definition of 'Indigent person,' let alone if they did in 2020 and 2021. Further, Plaintiffs do not indicate they could not borrow the necessary funds. The motion is granted.

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