Judge: Audra Mori, Case: 20STCV29067, Date: 2023-01-27 Tentative Ruling

Case Number: 20STCV29067    Hearing Date: January 27, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Ashley Poe (“Plaintiff”) filed this action against Defendant Jose Mejahuezo (“Defendant”) for damages arising out of a motor vehicle accident.   

At this time, Defendant moves for judgment on the pleadings as to Plaintiff’s complaint.  Defendant avers that prior to filing the complaint in this action, Plaintiff settled the claims at issue in this action with this assistance of different counsel.  Defendant asserts Plaintiff signed and agreed to a release of any and all claims relating to the subject August 3, 2018 accident alleged in the complaint.  Defendant contends that after the agreement was signed, the Law Offices of D. Hess Panah & Associates, whom Defendant asserts represented Plaintiff before she retained the counsel that assisted her with the release, filed this action on behalf of Plaintiff.  Defendant contends that the signed release by Plaintiff bars this legal action against Defendant.  The motion is unopposed. 

However, Defendant did not attach or otherwise file proof of service of the motion on Plaintiff.   Defendant filed this motion on January 4, 2023, without proof of service showing the manner in which the motion was served on Plaintiff (e.g., - personal or electronic service), the Court cannot determine whether notice of the proceedings was given to Plaintiff. 

Therefore, the motion is denied without prejudice to Defendant re-filing the motion with proof of service after complying with all applicable statutes and giving proper notice of the moving papers. 

Defendant is ordered to give notice.  The parties are asked to meet and confer about this matter and to attempt to avoid unnecessary motion practice if possible. 

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 27^th day of January 2023