Judge: Robert C. Longstreth, Case: 37-2013-00060064-CU-BC-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion to Dismiss 37-2013-00060064-CU-BC-CTL MOTSENBOCKER VS. ST. REGIS BORA BORA RESORT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Dismiss, 11/22/2023

Defendants' Motion to Dismiss for Failure to Prosecute (ROA 298) is GRANTED.

At the outset, Defendants assert Plaintiffs' opposition is untimely, and that Plaintiffs' failure to file a timely opposition should be construed as an admission that Defendants' motion is meritorious. Plaintiffs opposition is untimely. (Cal. R. Court, rule 3.1342(b).) However, the court finds there is no prejudice posed to any party by the late opposition and has exercised its discretion to consider it. Under the circumstances, the Court does not deem the late filing as an admission that the motion is meritorious.

The court has discretion to dismiss a case for delay in prosecution 'if to do so appears to the court appropriate under the circumstances of the case.' (Code Civ. Proc. § 583.410(a); see also Van Keulen v. Cathay Pacific Airways, Ltd. (2008) 162 Cal.App.4th 122.) Here, the facts support a conclusion that dismissal is appropriate.

Plaintiffs have had ample opportunity to bring their claims against Defendants in the proper forum, which the court concluded on January 25, 2016 was in Papeete, Tahiti, French Polynesia. (ROA 155.) In the interim eight years, Plaintiffs have never filed suit in French Polynesia, and have offered no explanation for their lack of diligence other than their repeated assertions that the stay orders that have been repeatedly entered in this case by multiple judges are all erroneous. Plaintiffs have also presented no evidence of excusable delay, instead relying exclusively on arguments that have already been rejected at least once in the past by the court.

The action is ordered dismissed without prejudice on the grounds that Plaintiffs have failed to diligently prosecute their claims in the proper forum of Papeete, Tahiti, French Polynesia. (Code Civ. Proc. § 581(g).) Calendar No.: Event ID:  TENTATIVE RULINGS

3041828  16