Tentative Ruling

Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

CIVIL LAW & MOTION
Kendra L. Feshbach, et al. v. City of Santa Barbara
Case No: 16CV03385
Hearing Date: Tue Feb 25, 2020 9:30

Nature of Proceedings: Motion Dismiss Failure to Prosecute

Motion to Dismiss

Attorneys

Alexandre Ian Cornelius and Justin Cohanghadosh for Plaintiffs

Ariel Pierre Calonne, Tom R. Shapiro, Michael G. Coluntuono, Pamela K. Graham and Liliane M. Wyckoff for Defendant City of Santa Barbara

Ruling: The Motion is DENIED.

Analysis

This case was filed in 8/2016; it is very clear that the motion to dismiss was brought in good faith but the Plaintiff’s declaration is persuasive. Plaintiff properly relied on the processes of the trial court to assign a trial date and when it became apparent that more needed to be done, Plaintiff took the necessary steps so the case would proceed to a resolution. Plaintiff, after determining that no trial date was set, brought the motion to set the trial date. Only after the trial date was set did the City file this motion. Under these facts, the City is estopped from seeking dismissal of the case based on any alleged delay prior to the City proposing the trial date in the meet and confer process. Moreover, the trial in this matter is set for March 10, 2020, about 15 days after the hearing on this motion. At the time of the hearing on the motion, the parties should have fully briefed this matter for the bench trial which the Court has previously indicated would be tried on the papers; that a tentative decision would be provided; and then the Court would hear argument. Thus there is no reason to dismiss the case on the eve of trial.