Judge: Theresa M. Traber, Case: 23STCV11757, Date: 2024-12-11 Tentative Ruling

Case Number: 23STCV11757    Hearing Date: December 11, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     December 11, 2024                TRIAL DATE: NOT SET

CASE:                         Juana Ramirez v. Nissan North America, Inc.

CASE NO.:                 23STCV11757           

MOTION FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.5

MOVING PARTY:               Plaintiff Juana Ramirez

RESPONDING PARTY(S): Defendant Nissan North America, Inc.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a lemon law action filed May 24, 2023. Plaintiff purchased a 2019 Nissan Murano that had serious defects in its transmission system.

Plaintiff moves for monetary sanctions pursuant to Code of Civil Procedure section 128.5.

TENTATIVE RULING:

Plaintiff moves for monetary sanctions pursuant to Code of Civil Procedure section 128.5. Code of Civil Procedure section 128.5 empowers the Court to order “a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (Code Civ. Proc. § 128.5(a).)

Plaintiff contends that the parties entered into a settlement agreement on August 1, 2024, pursuant to Code of Civil Procedure section 998, whereby Defendant agreed to repurchase the subject vehicle from Plaintiff and pay Plaintiff’s reasonable attorney’s fees and costs in exchange for dismissal of the action and the return of the subject vehicle. (Declaration of David N. Barry ISO Mot. Exh. 1.) According to Plaintiff’s counsel, Defendant has failed to comply with its obligations under the settlement. (Id. ¶ 4.) Although Plaintiff asserts that Defendant’s failure is “frivolous” or solely intended to cause delay, Plaintiff offers no evidence of that contention. In opposition, Defendant demonstrates its processing of the parties settlement over several months and a delay occasioned by the need for an updated registration, which took Plaintiff several weeks to provide.  (May Decl. ¶ 4, Exh. A.)  Based on this record, the Court cannot find Defendant’s actions were utterly frivolous or in bad faith.  Plaintiff has therefore failed to demonstrate that sanctions are warranted.

            Accordingly, Plaintiff’s Motion for Sanctions is DENIED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  December 11, 2024                            ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.