Judge: Audra Mori, Case: 19STCV07163, Date: 2023-01-04 Tentative Ruling

Case Number: 19STCV07163    Hearing Date: January 4, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 28, 2019, Plaintiff, Shahnaz Fazelinia (“Plaintiff”) filed this action against Defendant Michael Vincent Davis (“Defendant”) for damages arising from a motor vehicle accident. 

Defendant now moves to dismiss Plaintiff’s complaint pursuant to CCP § 583.410.  Plaintiff opposes the motion, and Defendant filed a reply.

In connection with the moving papers and reply, Defendant filed a notice of lodgment indicating that a total of 22 Exhibits were lodged with the Court.  The relevant exhibits were not electronically filed, and the Court cannot locate the lodged exhibits.  Therefore, the motion is continued to February 1, 2023 at 1:30 p.m. in Department 31 of the Spring Street Courthouse. 

Defendant is ordered to file electronic copies of the Exhibits at least nine (9) court days before the continued hearing date.  Multiple electronic filings are permitted if required.  The Court advises Defendant’s attorney to use the eCourt “outlines” feature to virtually tab the exhibits.  No other filings are permitted.

If February 1, 2023 is not an available date for the parties, they are ordered to meet and confer, choose a mutually agreeable date, and call the courtroom to reschedule the hearing on the motion to the next mutually available calendar date; the parties should have several date options available when they call, in case the date they choose is not available on the Court’s calendar. 

Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 4^th day of January 2023