Judge: Audra Mori, Case: 20STCV01615, Date: 2022-09-26 Tentative Ruling

Case Number: 20STCV01615    Hearing Date: September 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 14, 2020, Plaintiff Felix P. Delgado (“Plaintiff”) filed this action against defendants Delfin Pegollo and Does 1 through 50 for injuries arising from a motor vehicle accident that occurred on March 6, 2018.  There is currently an Order to Show Cause Re: Dismissal set in this matter for January 10, 2023. 

On August 29, 2022, Plaintiff filed a “Notice of Motion and Motion for Trial Setting Conference.”  The notice of motion consists of one sentence, “Plaintiff FELIX P. DELGADO hereby moves the court to set a trial date,” and does not contain a memorandum of points and authorities or any evidence. 

“Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following: (1) A notice of hearing on the motion; (2) The motion itself; and (3) A memorandum in support of the motion or demurrer.”  (Cal. Rules of Court, Rule 3.1112(a).)  “The court may construe the absence of a memorandum as an admission that the motion … is not meritorious and cause for its denial…”  (Id. at Rule 3.1113(a).)  The motion is therefore procedurally defective on its face. 

Additionally, Plaintiff abused the Court Reservation System by reserving the hearing on this matter as a Motion to Continue Trial.  Plaintiff is obviously not seeking to continue the trial date.  In the future, failure to properly reserve a motion on the Court’s online reservation system may result in the matter being taken off calendar.

The motion is denied.  The OSC remains set for January 10, 2023.  The court notes that the issue of trial setting may be raised by Plaintiff at the OSC.

Plaintiff 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 26^th day of September 2022