Judge: Shirley K. Watkins, Case: 20VECV00369, Date: 2023-01-26 Tentative Ruling
Case Number: 20VECV00369 Hearing Date: January 26, 2023 Dept: T
20VECV00369
Walker v Hyundai
Ex parte application set 1/26/2023 to
continue hearing on motion for fees
Tentative ruling: Motion to continue hearing on plaintiff’s fee
motion is denied. There is no reason
that this motion should be continued in order to file a separate CCP section
128.5 motion for sanctions. The court
can hear the motion for fees as scheduled.
If there is a basis for monetary sanctions under CCP section 128.5, the
court can consider that when the motion is filed. The motion for attorney fees is not dependent
on the motion for sanctions. If there is
no basis for the opposition to the motion for fees, then plaintiff can argue
that in the reply. Additionally, the
opposition was served by email on 1/19/2023 but plaintiff waited until the due
date for the reply to give notice of the ex parte application.