Order to Show Cause regarding lack of prosecution
22CV024837: PEETE vs SOTOMEY, et al. 07/07/2026 Case Management Conference in Department 15
Tentative Ruling - 07/02/2026 Peter Borkon
ORDER RE: CASE MANAGEMENT AND ORDER TO SHOW CAUSE
The Court has ordered the following after review of the case.
Counsel have not filed timely case management conference statements. The Court on June 10, 2024, two years ago, noted that Defendant Sotomey was deceased and ordered plaintiff's counsel to take appropriate steps to preserve or dismiss the claims.
Plaintiff's counsel now informs the Probate Court that Defendant Sotomey was determined to have no assets..
The Court orders plaintiff to show cause why this matter should not be dismissed pursuant to CRC 3.1340 for lack of prosecution against Defendant Sotomey. The Court has repeatedly informed plaintiff's counsel that they must prosecute or this case will be dismissed. This case is four years old, Defendant passed on June 3, 2024 and there is no apparent progress in moving this case to resolution.
Plaintiff's Counsel failed to appear at the originally scheduled hearing for this OSC, despite an order to appear. Failure to appear a second time will be result in dismissal.
Clerk is directed to serve copies of this order, with proof of service, to counsel and to selfrepresented parties of record. The Court orders counsel to obtain a copy of this order from the eCourt portal.
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