By Gina Tabonares
Variety News Staff

A CIVIL lawsuit filed by a doctor against former first lady Geraldine “Geri” Gutierrez was dismissed by Superior Court Judge Arthur Barcinas following the “inaction” of the plaintiffs to the almost seven-year-old case.
The case was filed by Dr. William J. Hocter and his wife Annette L. Hocter on June 23, 2000 against Gutierrez and some 50 members of the Family Violence Task Force.
The defendants’ attorney, William “Bill” Bischoff, told Variety that the lawsuit came after Hocter felt slighted by Gutierrez who was then the head of the task force.
On May 23, 2002, the defendants filed a motion to dismiss the case for failure to prosecute. Plaintiffs filed an opposition on Aug. 7, 2002.
The defendants withdrew their original motion and filed a new motion to dismiss for failure to prosecute on Aug. 30, 2005 but the plaintiffs did not file an opposition.
Judge Barcinas, in his decision and order, noted that there was no activity in the case from Sept. 9, 2002 to Jan. 17, 2005.
Several hearings were scheduled but were eventually moved after the plaintiffs failed to attend and filed no opposition to the defendants’ motion.
With 100 potential defendants yet to be identified, Judge Barcinas ruled that to allow a proceeding against an individual who learns of the case nearly seven years after the events forming its basis, is unreasonable.
Judge Barcinas granted the defendants’ motion to dismiss, saying that it is sufficient to demonstrate that the plaintiffs have ignored their responsibilities to the court in prosecuting the action and the defendants had suffered prejudice as a result thereof.
“This court cannot guess at the possible reasons or defenses of the plaintiffs, and cannot lightly ignore the prejudice suffered by the defendants,” Judge Barcinas ruled.