Judge: Audra Mori, Case: 21STCV18938, Date: 2022-10-17 Tentative Ruling

Case Number: 21STCV18938    Hearing Date: October 17, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Catherine Gwynn (“Plaintiff”) filed this action against defendants Gevork George Afifi, et al. for injuries Plaintiff sustained when her foot fell through a wooden deck on a patio at defendants’ property.  The complaint alleges causes of action for negligence and premises liability.  Trial is currently set for November 16, 2022. 

At this time, Defendants Gevork George Afifi, Gohar Afifi, Erik Zograbian and Isabel Zograbian move to vacate the trial and Final Status Conference dates set in this matter.  No opposition has been received.

            Defendants filed this motion on September 26, 2022, showing it was electronically served on Plaintiff on September 23, 2022.  “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.”  (CCP § 1005(b).)  Additionally, “Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days.”  (CCP § 1010.6(a)(4)(B).)  Accordingly, in accounting for electronic service, Defendants were required to file and serve the moving papers by September 20, 2022.  However, Defendants served the motion on Plaintiff on September 23, 2023, which was a court holiday, and thus, Defendants only filed and served the moving papers 15 court days before the hearing date.  Defendants failed to give sufficient notice of the motion to Plaintiff. 

            If Plaintiff appears at the hearing and consents to going forward, the Court will take argument and rule on the motion.  If Plaintiff does not appear at the hearing and consent to going forward, or Plaintiff indicates additional time is required, the matter will be continued due to Defendants’ failure to give proper notice.

Defendants are 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 17^th day of October 2022