Judge: Shirley K. Watkins, Case: 22VECV02010, Date: 2023-05-23 Tentative Ruling
If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.
Case Number: 22VECV02010 Hearing Date: May 23, 2023 Dept: T
22VECV02010 VERA HOOS vs NORTHRIDGE CARE CENTER,
[TENTATIVE] ORDER: Plaintiff Vera Hoos’ Motion for Code of Civil Procedure section 128.7 Sanctions is DENIED.
Plaintiff Vera Hoos (Plaintiff) moved for Code of Civil Procedure (CCP) Section 128.7 sanctions against Defendant Northridge Care Center, Inc. (Defendant) and Defendant’s Counsel. Plaintiff requested $3,920.00 in sanctions.
Discussion
Plaintiff argued that the filing of Defendant’s petition to compel arbitration and separate motion to stay the action (collectively, Petitions, and both filed on March 15, 2023) are sanctionable under CCP Section 128.7 because the Petitions were filed for an improper purpose, lacked legal basis, or lacked evidentiary support. Plaintiff argued that the Petitions were improperly filed Motions for Reconsideration of the Court’s prior February 23, 2023 denial of Defendant’s motion to compel arbitration and motion to stay action (i.e., filed on January 3, 2023 and January 4, 2023, respectively.) However, the Court’s February 23, 2023 Order required Defendant to file a “response to complaint within 20 days.” In relevant part, Section 1281.7 stated that a “petition pursuant to Section 1281.2 may be filed in lieu of filing an answer to a complaint.” (Italics added.) The Court interpreted Section 1281.7 to allow Defendant to file the Petitions rather than filing an Answer, which effectively allowed Defendant a “second bite at the proverbial apple,” separate from Section 1008. Because the phrase in Section 1281.7 potentially allowed Defendant to file the Petitions, the Court’s April 25, 2023 ruling expressly reviewed the Petitions under all statutory grounds – Section 1008, subdivisions (a) and (b), and Section 1281.7. The Court’s intent was to be thorough in reviewing the legal grounds/issues presented. Because of the italicized phrasing of Section 1281.7 above, the Court does not find the Petitions to be filed for an improper purpose, lacking in legal grounds, or lacking in evidentiary support. Defendant’s reliance upon Section 1281.7 is seen to be proper.
The motion for sanctions is DENIED.
IT IS SO ORDERED, CLERK TO GIVE NOTICE.