Judge: Stephen I. Goorvitch, Case: 24STCP01769, Date: 2024-12-03 Tentative Ruling

Case Number: 24STCP01769    Hearing Date: December 3, 2024    Dept: 82

Flavien Prat v. California Horse Racing Board

Case No. 24STCP01769

[Tentative] Order Dismissing Case Without Prejudice

Petitioner Flavien Prat (“Petitioner”) filed this action against the California Horse Racing Board (the “CHRB”) on June 3, 2024, challenging his three-day suspension.  On June 3, 2024, the court stayed the suspension pending Petitioner’s appeal to the CHRB.  (See Court’s Minute Order, dated June 3, 2024.)

The court ordered Petitioner’s counsel to file a status report concerning the status of the CHRB proceedings on or before September 26, 2024.  The court also ordered Petitioner’s counsel to provide notice and file proof of service with the court.  Petitioner’s counsel failed to do so.  Petitioner’s counsel did not appear at the trial setting conference on October 11, 2024.  Nor did Petitioner’s counsel appear at the trial setting conference on November 5, 2024.  Petitioner’s counsel has never served the CHRB with a copy of the petition or filed a proof of service. 

In his petition, Petitioner admits that he only filed his appeal with the CHRB on May 31, 2024, which was one court day before he filed the instant petition.  (Petition ¶ 6.)  Petitioner also admits that the CHRB appeal has not been resolved when he filed his petition.  (See id. ¶¶ 6-7.)  Finally, Petitioner suggests that the appeal should have been resolved by now.  (See id. ¶ 7.)

Based upon the foregoing, the court noticed its own motion for judgment on the pleadings, per Code of Civil Procedure 438(b)(2), on the following grounds: (1) This petition is not ripe because it was filed before Petitioner exhausted his administrative remedies; or, in the alternative, (2) The petition is moot because the appeal has been resolved, and Petitioner’s lack of prosecution of this matter suggests that it was resolved in his favor.  (See Court’s Order dated November 5, 2024.)  The court provided notice of its motion and set a hearing for December 3, 2024, at 9:30 a.m.  (See ibid.)  The court ordered that any opposition shall be filed on or before November 18, 2024.  (See ibid.)  The court provided notice: “[A]bsent good cause, the court intends to dismiss this case without prejudice at the upcoming hearing.”

Petitioner filed no opposition.  The court posted this tentative order on Friday, November 29, 2024, at approximately 9:30 a.m.  In this tentative order, the court provides the following notice: If Petitioner’s counsel does not appear at the hearing, either remotely or in-person, the court will dismiss this case without prejudice, which shall lift the stay the court previously ordered. 

Having provided notice and opportunity to be heard, the court orders as follows:

1.         The court grants its own motion for judgment on the pleadings.

2.         The court dismisses this case without prejudice.

3.         The stay of Petitioner’s suspension shall be lifted, effective immediately.

4.         The court discharges the order to show cause re: monetary sanctions.

5.         The court’s clerk shall serve a copy of this order upon Petitioner’s counsel.

6.         Petitioner’s counsel shall serve a copy of this order upon the CHRB and file a proof of service forthwith.