Judge: William A. Crowfoot, Case: 19STCV35695, Date: 2022-08-11 Tentative Ruling

Case Number: 19STCV35695    Hearing Date: August 11, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 7, 2019, plaintiff Marthe de la Torre (“Plaintiff”) filed this action against defendants Lyft, Inc. (“Defendant”) and Erjaei Seyed Hosein (“Hosein”).  Plaintiff alleges she was injured on December 17, 2018 when an electric scooter, operated by Hosein and rented from Defendant, collided into her while she was walking on the sidewalk.  On July 8, 2022, Defendant filed this motion to require Plaintiff to post an undertaking pursuant to Code of Civil Procedure section 1030.  The motion is unopposed. 

Where a plaintiff in an action resides out of the state, the defendant may, at any time, apply to the court for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action.  (Code Civ. Proc., § 1030, subd. (a).)  The motion shall be made on grounds that the plaintiff resides out of the state and there is a reasonable possibility that the moving defendant will obtain judgment in their favor.  (Code Civ. Proc., § 1030, subd. (b).)  The motion shall be accompanied by an affidavit in support of the grounds for the motion and setting forth the nature and amount of costs and attorney’s fees the defendant has incurred and expects to incur.  (Code Civ. Proc., § 1030, subd. (b).)  “The purpose of [CCP § 1030] is to enable a California resident sued by an out-of-state resident to secure costs in light of the difficulty of enforcing a judgment for costs against a person who is not within the court’s jurisdiction.”  (Alshafie v. Lallande (2009) 171 Cal.App.4th 421, 428.)  If the motion is granted, the plaintiff shall file the undertaking no later than 30 days after service of the court’s order requiring it, and if plaintiff fails to file the undertaking within the time allowed, the plaintiff’s action shall be dismissed as to the moving defendant.  (Code Civ. Proc., § 1030, subd. (d).)

Defense counsel authenticates an email from Plaintiff’s counsel in which Plaintiff’s counsel states that “Our client lives in Florida.”  (Chinn-Liu Decl., Ex. A.)  Defendant also argues that there is a reasonable possibility that Plaintiff cannot meet her burden on her negligence or her nuisance claim because each of them is premised on a causal connection that is simply not present here.  (Motion, 4:3-6.)  Defendant points out that Hosein admitted operating the electric scooter on a sidewalk and was warned not to ride on sidewalks, yet disregarded those warnings.  (Martoccia Decl., Ex. B, 64:9-17.)  Defendant also argues that Plaintiff cannot prevail on her nuisance claim because the rental of motorized scooters for use by the public is expressly authorized by statute and it has operated with all necessary permits and approvals at all times.  (Martoccia Decl., Ex. C, ¶ 2.)   Further, Defendant requires users to present a valid drivers license to operating a scooter, and instructed users not to ride on the sidewalk.  (Martoccia Decl., Ex. C, ¶¶ 3-4.)   Defendant expressly requires all users and scooter riders to abide by all relevant rules and regulations, and gives multiple warnings to riders in Los Angeles not to ride on sidewalks. 

Defendant has shown that it has a reasonable possibility that it will obtain a favorable judgment.  Accordingly, Defendant’s motion is GRANTED and Plaintiff is ordered to post an undertaking in the amount of $27,160 within 30 days of the date of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.