Judge: Audra Mori, Case: 21STCV00370, Date: 2022-12-05 Tentative Ruling

Case Number: 21STCV00370    Hearing Date: December 5, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Robert Morehead (“Plaintiff”) filed this action against defendants City of Los Angeles, County of Los Angeles, House Ear Institute, House Ear Clinic, a Medical Group, Inc., HTA-3rd Street Medical Center, LLC, and Healthcare Trust of America Holdings, LP for damages relating to Plaintiff’s trip and fall on a sidewalk.  The operative first Amended Complaint (“FAC”) alleges causes of action for (1) premises liability/violation of government code and (2) negligence/violation of government code. 

On June 10, 2022, Plaintiff filed a Notice of Motion to Quash Defendants’ Subpoena setting a motion to quash deposition subpoena for hearing on December 5, 2022.  In particular, Plaintiff’s notice of motion provides that Plaintiff seeks an order quashing a deposition subpoena for production of business records served on GlenMed Billing Service by defendants HTA-3rd Street Medical Center, LLC and Healthcare Trust of America Holdings, LP. 

However, although the notice of motion states that the motion includes a memorandum of points and authorities, Plaintiff has not filed a memorandum of points and authorities in connection with this motion to quash subpoena.  “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. 

Furthermore, while the notice provides that the motion includes a declaration from counsel, no such declaration was submitted with the motion.  Accordingly, the exhibits attached to the notice of motion are not properly authenticated. 

            Based on the foregoing, the motion is denied without prejudice.

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 5^th day of December 2022