Motion for Sanctions
Moving Party: Defendant Il Hyun Kim. Responding Party: Plaintiff Maria Mucino
Ruling: Defendant Il Hyun Kim’s Motion to Compel Sanctions is DENIED. Defendant failed to establish violation of CCP 128.5 or Local Rule 316.
CCP 128.5: Pursuant to CCP 128.5, Plaintiff requested that the court impose sanctions. Code Civ. Proc., § 128.5 (a) states that “A trial court may 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 Judge Horn stated in the Minute Order that the trial attorney was not present. However, Rule 316 D gives an alternative to the trial attorney. A non-trial attorney must be “completely familiar with the case and who has full authority to enter into stipulations and settlement.” The Minute Order does not address this issue. In addition, Judge Horn stated that “Attorney for Plaintiff was unable or unwilling to engage in meaningful settlement discussions.
Hearing Date
July 13, 2020
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Motion for Sanctions
Moving Party: Defendant Il Hyun Kim. Responding Party: Plaintiff Maria Mucino
Ruling: Defendant Il Hyun Kim’s Motion to Compel Sanctions is DENIED. Defendant failed to establish violation of CCP 128.5 or Local Rule 316.
CCP 128.5: Pursuant to CCP 128.5, Plaintiff requested that the court impose sanctions. Code Civ. Proc., § 128.5 (a) states that “A trial court may 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 Judge Horn stated in the Minute Order that the trial attorney was not present. However, Rule 316 D gives an alternative to the trial attorney. A non-trial attorney must be “completely familiar with the case and who has full authority to enter into stipulations and settlement.” The Minute Order does not address this issue. In addition, Judge Horn stated that “Attorney for Plaintiff was unable or unwilling to engage in meaningful settlement discussions.