Order to Show Cause Re: Failure to File Proof of Service
24CV097114: DIAZ vs SIMIONESCU 07/28/2026 Order to Show Cause Re: Failure to File Proof of Service in Department 15
Tentative Ruling - 07/21/2026 Peter Borkon
ORDER RE: CASE MANAGEMENT AND ORDER TO SHOW CAUSE
The Court has ordered the following after review of the case.
Counsel Dagher has again failed to respond to the Court's order to show cause. The Court will impose sanctions and report counsel to the State Bar.
Counsel appears to have abandoned his client and this case. He is unresponsive to the Court's orders, has violated the Rules of Court, Local Rules of Alameda County and his failure to prosecute may result in dismissal of this case.
The Court will set a new CMC and if no further documents are filed by Counsel, the Court will issue an order to show cause why this matter should not be dismissed for lack of prosecution.
Nicholas Dagher (Attorney) is ordered to pay sanctions in the amount of $1,000.00 to the Superior Court of California, County of Alameda by 08/21/2026 pursuant to Code of Civil Procedure section 177.5 for.
Sanction amount of a $1000 or more will be reported to the State Bar of California.
FURTHER CONFERENCE A Case Management Conference is scheduled for 10/27/2026 at 02:30 PM in Department 15.
Updated Case Management Statements in compliance with Rule of Court 3.725, on Judicial Council Form CM-110, must be filed no later than 10/12/2026. If the foregoing date is a court holiday or a weekend, the time is extended to the next business day.
If you contest the tentative ruling you must do so in a timely manner in accordance with the Local Rules. Failure to alert the Court and the opposing side or to appear will result in the Court affirming its tentative ruling. If the tentative ruling is uncontested, no appearance is necessary and the Court's tentative ruling will become a final order of the Court after the hearing.
Counsel must carefully review the order which will set forth the Court's reasoning. Counsel must also review Dept. 15's information page, which contains answers to frequently asked questions, and sets forth guidance for communicating with the department and litigating certain motions and proceedings. This information is available on the eCourt Public Portal at www.eportal.alameda.courts.ca.gov under the Direct Calendaring tab. If any party contests, the zoom login credentials are: 24CV097114: DIAZ vs SIMIONESCU 07/28/2026 Order to Show Cause Re: Failure to File Proof of Service in Department 15
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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.