18-CIV-01355 COLLEEN KAY CUDD, ET AL. VS. TIFFANY LI, ET AL.

COLLEEN KAY CUDD TIFFANY LI
ALISON E. CORDOVA CAITLIN T. DIMAGGIO

TIFFANY LI’S MOTION FOR SANCTIONS TENTATIVE RULING:

Defendant Tiffany Li’s motion for sanctions pursuant to CCP §§ 128.5 and 128.7 is DENIED.

According to Defendant’s motion, she “seeks to be made whole by reimbursement of attorneys’ fees and costs incurred in opposing Plaintiff’s April 10, 2019 motions for sanctions under C.C.P. Section 128.5 and 128.7 and in seeking this affirmative relief that Plaintiffs’ counsel stated they would oppose.” Defendant, however, has not demonstrated that Plaintiffs’ motions for sanctions were frivolous or brought primarily for an improper purpose.

Defendant also notes that the court’s order on the motion to stay discovery found Plaintiffs’ discussion of Pacers Inc. v. 28 Superior Court (1984) 162 Cal.App.3d 686 to be misleading. However, the court’s order did not find that Plaintiffs’ conduct was intentional, and Defendant has provided no basis for concluding that Plaintiffs intended to misrepresent the facts or holding of Pacers.

Ultimately, the court finds no grounds on which to conclude that Plaintiffs’ motions were frivolous or brought primarily for an improper purpose. As a result, Defendant’s motion for attorneys’ fees and costs incurred in opposing Plaintiff’s April 10, 2019 motions is denied. See Musaelian v. Adams, 197 Cal. App. 4th 1251, 1257–58 (2011).

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.