Judge: Robert P. Dahlquist, Case: 37-2021-00047188-CU-PO-NC, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 21, 2023

12/22/2023  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00047188-CU-PO-NC THOMAS VS COW SHED BAR & GRILL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Ex

Parte Application - Other and Supporting Documents, 11/14/2023 The court invites the parties to appear (in person or remotely) for the hearing on plaintiff Brian Thomas' request to enforce settlement agreement or to re-set the matter for trial (ROA # 67).

At the hearing, the court anticipates asking the parties to address the following initial questions: (1) whether the parties agree that they had a valid and binding agreement to settle the case; and (2) whether Exhibit 2 to the declaration of Garrett R. Chambers (ROA # 67) reflects or constitutes the agreement to settle the case.

Assuming the parties agree that they had a valid and binding agreement to settle the case, then it appears that the court must decide whether the loss resulting from the cyber-scam here should be allocated based on comparative fault (as indicated in the Sixth Circuit case of Beau Townsend, cited in defendant's brief) or assigned to the party best able to have avoided the loss (as indicated in the Central District of California case of Ostrich, cited in plaintiff's reply brief). The court is tentatively inclined to conclude that the approach from Beau Townsend should be followed in this instance.

Regardless of the legal standard to be followed in this instance, the court anticipates asking the parties to address the following procedural questions: (1) whether the parties are requesting the court to decide this dispute on the evidence provided by the parties in connection with the current motion; and (2) whether any party wishes to present additional evidence before the issue is decided.

This is the tentative ruling for an appearance hearing (in person or remote) at 2:30 p.m. on Friday, December 22, 2023.

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