Judge: Stephen I. Goorvitch, Case: 23STCV17041, Date: 2023-09-21 Tentative Ruling

Case Number: 23STCV17041    Hearing Date: September 21, 2023    Dept: 39

1963 Whitley House, LLC v. Gilbert Andrade, Case No. 23STCV17041

The Court advances and continues the final status conference from September 21, 2023, at 8:30 a.m. to 11:00 a.m. on that same date.  Defendant has requested a jury trial, so the Court ordered Plaintiff’s counsel to prepare and file trial documents, i.e., a joint witness list, joint exhibit list, special verdict form, and proposed jury instructions.  Plaintiff’s counsel failed to do so.  Therefore, the Court issues an Order to Show Cause why sanctions should not be imposed against Plaintiff and/or Plaintiff’s counsel, Ada R. Cordero-Sacks, Esq.  The Court issues this OSC per Code of Civil Procedure sections 575.2(a) and 177.5, as well as Local Rules 3.10 and 3.25(f)(1).  The Court provides notice that it is considering the following sanctions: (1) Monetary sanctions in the amount of $1,500 or less against each party and each counsel-of-record; (2) Evidentiary sanctions, which may include an order precluding the parties from calling witnesses except Plaintiff and Defendant’s Person(s) Most Qualified and/or precluding the parties from introducing any exhibits except those subject to judicial notice; (3) Issue sanctions; and/or (4) Terminating sanctions. 

The hearing on this OSC re: Sanctions shall be held on September 21, 2023, at 11:00 a.m. at the following location:

Stanley Mosk Courthouse

111 North Hill Street

Department #39 (Goorvitch, J.)

Los Angeles, California 90012

The parties may appear remotely or in-person.  Plaintiff’s counsel may file a written response on or before September 20, 2023, at 12 Noon, provided they email a courtesy copy to the Court: SMCDept39@LACourt.org.  If Plaintiff’s counsel does not wish to file a written response, she may address the issues orally at the hearing. 

If Plaintiff’s counsel did not file trial documents because the case has settled, they shall file a notice of settlement forthwith.  If so, the Court’s clerk is authorized to discharge this OSC without a further hearing or further authorization from the Court. 

The Court’s clerk shall provide notice by regular mail and by email to each counsel-of-record.