Judge: Thomas D. Long, Case: 22STCV17823, Date: 2022-08-25 Tentative Ruling

Case Number: 22STCV17823    Hearing Date: August 25, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DON BARDEN,

                        Plaintiff,

            vs.

 

SHARON NIK,

 

                        Defendant.

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      CASE NO.: 22STCV17823

 

[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTION FOR SANCTIONS

 

Dept. 48

8:30 a.m.

August 25, 2022

 

On May 23, 2022, Plaintiff Don Barden filed this action against Defendant Sharon Nik.  On July 15, 2022, Defendant filed an answer.  On July 20 and 22, 2022, Plaintiff filed objections to Defendant’s filing of the answer.

On August 1, 2022, Plaintiff filed this motion for sanctions.  Defendant did not file an opposition.  Plaintiff seeks $1,500.00 in sanctions because “Defendant submitted a fraudulent Proof of Service to the Court” and “committed perjury with the court” by signing her name on a proof of service for the answer, declaring under penalty of perjury that she was not a party to the lawsuit.  (Motion at p. 1.)

A court may order a party to pay the reasonable expenses 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, subd. (a).)  “Frivolous” actions or tactics are “totally and completely without merit or for the sole purpose of harassing an opposing party.”  (Code Civ. Proc., § 128.5, subd. (b)(2).)

The only conduct identified by Plaintiff is Defendant’s signing of the proof of service accompanying her answer.  Although the proof of service declares under penalty of perjury that the signer is not a party to the action, Plaintiff has not shown that this signature was a bad faith, frivolous tactic.  Nothing about the proof of service has delayed this action, harassed Plaintiff, or caused Plaintiff prejudice.  Moreover, Plaintiff has not shown that this caused him to incur any expenses.

The motion for sanctions is DENIED.

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 25th day of August 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court