Judge: Audra Mori, Case: BC705250, Date: 2023-02-22 Tentative Ruling

Case Number: BC705250    Hearing Date: February 22, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 23, 2023, defendant Thyssenkrupp Elevator Corporation (“TKE”) filed the instant demurrer to and motion to strike portions of cross-complainant ABM Industry Groups, LLC’s (“ABM”) Amended Cross-Complaint, setting them for hearing on February 22, 2023.  On February 14, 2023, five court days before the hearing, ABM filed its oppositions to the demurrer and motion.  ABM’s counsel submitted a declaration providing that the parties agreed to a mutual extension of time for ABM to file the oppositions on February 14, 2023, and for TKE to file its replies on or before February 17, 2023.  This agreement was made without leave of court and in violation of Code of Civil Procedure section 1005 and does not provide the Court with sufficient time to read and analyze the parties’ papers, do research necessary, and prepare a tentative order. 

Indeed, as of 4:50 p.m. on February 17, 2023, the Court has not received any replies from TKE.  Particularly in light of the February 20, 2023 holiday, the Court will not have sufficient time to review any reply papers prior to the hearing.  Because the Court wishes to review all papers filed in connection with the demurrer and motion to strike, it continues the hearing date from February 22, 2023 to ________ at 1:30 p.m. in Department 31 of the Spring Street Courthouse.  The time for filing a reply is NOT extended as result of this ruling, and the reply papers remain due on February 17, 2023.  No further briefing is permitted without leave of court.

Moving 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 22^nd day of February 2023