Judge: Ronald F. Frazier, Case: 37-2021-00005732-CU-PO-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - February 29, 2024

03/01/2024  10:30:00 AM  1603 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00005732-CU-PO-CTL HYDE VS MCDERMOTT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 01/19/2024

Defendant Sandra Ledesma's Motion for Code of Civil Procedure sections 128.5 and 128.7 Sanctions Against Plaintiff David Hyde and His Counsel, Benjamin Pavone (ROA 415) is GRANTED.

The court has previously determined Plaintiff's motion for reconsideration was frivolous. (ROA 421.) As the court's January 26, 2024 minute order reflects, Plaintiff's counsel admitted he had no new or different facts or circumstances to support his motion for reconsideration when he filed it. (Ibid.) Plaintiff now argues the motion should be considered 'moot' because he tendered a check in the amount of $1,000.00. The court is not persuaded.

Plaintiff and Attorney Pavone are to pay sanctions in the amount of $2,275.00 to Defendant Sandra Ledesma on or before April 1, 2024.

Although Defendant requested a higher amount in her reply papers, the amount in the notice of motion and throughout the moving papers was $2,275.00. Moreover, the court considers this a reasonable amount under the circumstances.

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