Amended Tentative Ruling on Motion for JOP

Sevilla v. County of SD, Case No. 2018-30524

November 13, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

In this mandamus action, petitioner challenges DCSS's pursuit of him for child support arrearages. The petition was filed in June of 2018. When petitioner had not taken any action to move his case forward for more than a year, the court issued an OSC re dismissal. ROA 7. Petitioner appeared and filed a response; the court granted forbearance from dismissal. ROA 8, 12. Petitioner finally got a summons issued and served the County. ROA 15-16. The County answered and filed a detailed Notice of Related Cases (which the court carefully reviewed). ROA 23-26.

The County scheduled a motion for judgment on the pleadings. ROA 20. It was to have been heard on Dec. 20, 2019, but was never filed for reasons unknown to the court. ROA 27. It was then recalendared for April 24, 2020. ROA 31. The case was also set for March 27, 2020 for