Judge: Thomas D. Long, Case: 19STCV42055, Date: 2022-09-27 Tentative Ruling

Case Number: 19STCV42055    Hearing Date: September 27, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 21, 2019, Plaintiff Kiara Rivers filed this action against Defendants Anton Doe and American Multi Cinema, Inc. (“AMC”).  AMC filed an answer on January 17, 2020, and a Case Management Statement on March 20, 2020.

AMC’s July 28, 2020 Notice of Filing of Case Management Statement stated, “No activity in the case has occurred since the originally filed Case Management Statement.”

Plaintiff posted jury fees on August 11, 2020.

At the August 12, 2020 Case Management Conference, the Court ordered Plaintiff to file a Case Management Statement and continued the hearing.  Plaintiff filed her Case Management Statement on November 16, 2020, which indicated that various discovery would be completed between May 2021 and November 2021.

At the December 1, 2020 Case Management Conference, the parties agreed to go to mediation and were ordered to complete mediation before the Status Conference re: Settlement hearing.  The Court issued a Case Management Order, setting dates for a Status Conference re: Settlement, Final Status Conference, and Jury Trial.

At some point “[e]arly in the case,” the parties discussed potential settlement but did not reach a resolution.  (Hill Decl. ¶ 4.)

On November 3, 2021, Plaintiff’s counsel filed a motion to be relieved as counsel, which the Court later took off calendar pursuant to the case being reassigned.

AMC’s February 9, 2022 Status Report stated that Plaintiff had not propounded discovery.

At the February 16, 2022 Case Management Conference, the Court set an Order to Show Cause Re: Why Doe Defendant Should Not Be Dismissed For Failure To Serve.  The Court also scheduled the Final Status Conference for September 26, 2022 and the Jury Trial for October 10, 2022.

On March 16, 2022, the Court granted Plaintiff’s counsel motion to be relieved.  The Court also ordered Defendant Anton Doe dismissed without prejudice.

On August 12, 2022, AMC filed a motion to dismiss for delay in prosecution.

The Court may dismiss an action for delay in prosecution when the action is not brought to trial within two years after the action is commenced against the defendant “if the Judicial Council by rule . . . so prescribes for the court because of the condition of the court calendar or for other reasons affecting the conduct of litigation or the administration of justice.”  (Code Civ. Proc., § 583.420, subd. (a)(2)(B).)  California Rules of Court, rule 3.1340(a) authorizes the Court to dismiss an action under Code of Civil Procedure section 583.420 for delay in prosecution if the action has not been brought to trial within two years after the action was commenced against the defendant.

Plaintiff filed this action two years and ten months ago, and AMC filed an answer about two years and eight months ago.  The only motion that Plaintiff has filed was her counsel’s motions to be relieved.  Plaintiff has not propounded any discovery.  (Hill Decl. ¶ 2.)  A jury trial is scheduled for October 10, 2022.  The Final Status Conference is today.  Plaintiff did not file any pretrial documents as ordered in the Court’s February 16, 2022 Case Management Conference order.  Plaintiff has failed to bring this action to trial within two years, and she has not engaged in any behavior consistent with a desire to continue prosecuting her case.

Accordingly, the motion to dismiss for delay in prosecution is GRANTED.

On the Court’s own motion, the Final Status Conference scheduled for 09/27/2022 at 08:30 AM and Jury Trial (10 day estimate) scheduled for 10/10/2022 at 10:00 AM are OFF CALENDAR.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 27th day of September 2022