Bello Guevara vs. Bayer AG

The Case Management Conference remains set for 11/2/26 at 10:00 am in Dept. W8.

As Plaintiff has now filed a proof of service re service of the summons and complaint (ROA 23), the court DISCHARGES the Order to Show Cause also set for 11/2/26.

Moving party to give notice.

5 Bello Guevara vs. Motion to Set Aside/Vacate Dismissal Bayer AG The court GRANTS Plaintiffs’ unopposed Motion to Set Aside Dismissal.

The court dismissed this action without prejudice on 3/30/26, after Plaintiffs failed to file a status report as ordered, failed to appear for the Order to Show Cause re Dismissal on Settled Case, and defense counsel stated that Plaintiff’s counsel had been unresponsive to communication attempts. (See 3/3/0/26 Minute Order.)

Plaintiffs now move to set aside the dismissal on the ground that Plaintiffs’ counsel HARRY SADEHGI admitted fault, stating he failed to appear due to a health condition. The Declarations of Harry Sadeghi and Dr. Babaali filed in support of Plaintiffs’ motion sufficiently establishes grounds for either mandatory or discretionary relief. Thus, relief is granted pursuant to Section 473(b) of the Code of Civil Procedure.

The court VACATES the order of dismissal entered on 3/30/26.

The court also sets a new Order to Show Cause re Dismissal on Settled Case for December 7, 2026, at 9:00 am in Dept W8.

No appearance is necessary if dismissal of entire action is filed and entered with the court. If dismissal of entire action is not entered, all counsel of record are to appear.

Failure to appear will result in court dismissal of entire action.

Plaintiffs’ counsel of record SHALL file and serve a status report no later than 10 court days before the hearing. Failure to do so will result in the imposition of up to $1,500.00 against Plaintiffs’ counsel of record, unless good cause is shown otherwise. (Code of Civ. Proc., § 177.5.)

Further, the court exercises its discretion and ORDERS Attorney HARRY SADEGHI to pay $500.00, payable to the Clerk of the Court, within 30 days.

Section 473(c)(1)(A) of the Code of Civil Procedure authorizes the court “[w]henever the court grants relief from a ... dismissal based on any of the provisions of this section, the court may ... “[i]mpose a penalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party” or “[g]rant other relief as appropriate.”

Plaintiffs to give notice.

6 Malki vs. Karanouh Motion for Stay of Enforcement of Attorney-Fee Award Pending Appeal

The court DENIES Plaintiff WAJIH MALKI’S Motion for Stay of Enforcement of Attorney-Fee Order.

Background: On 3/20/26, this court GRANTED Defendant ABDULMAJID KARANOUGH’s Anti-SLAPP motion directed at Plaintiff’s entire Complaint. On 4/6/26, Plaintiff filed a notice of appeal. And on 6/26/26, this court awarded Defendant a total of $12,112.50 after prevailing on his anti- SLAPP motion.

Plaintiff now argues that enforcement of this court’s order granting attorneys’ fees and costs following Defendant’s Anti-SLAPP ruling should be stayed pending the appeal of the Anti-SLAPP ruling.

Both parties cite to Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400. In Dowling, the court held: “The issue