[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION FOR ORDER REQUIRING OUT-OF-STATE PLAINTIFF TO FILE AN UNDERTAKING; MOTION DENIED

On March 1, 2017, Plaintiff Justin Marin Gonzales (“Plaintiff”) filed this action against Defendants Vachara Rieng, Tanya Rieng, Estate of Vachara Rieng, and Arthur Park Yoon for negligence relating to a March 1, 2015 automobile accident. Tanya Rieng and Estate of Vachara Rieng (collectively, “Defendants”) move for an order requiring Plaintiff to file an undertaking.

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 of 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. ........