Judge: Cherol J. Nellon, Case: 20STCV40213, Date: 2023-04-27 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org.  Include the word "SUBMITS" in all caps and the Case Number in the Subject line.  In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

            Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may still appear at the hearing and argue the matter, and the court could change its tentative based upon the argument.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If you submit, but still intend to appear, include the words "SUBMITS, BUT WILL APPEAR" in the Subject line.     If you elect to argue your matter, you are urged to do so remotely, via Court-Connect.
                          
            Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court.   
 
            If you submitted a courtesy copy of your papers containing media (such as a DVD or thumb drive), unless you request the return of the media in your papers, the court will destroy it following the hearing of your matter.  

Case Number: 20STCV40213    Hearing Date: April 27, 2023    Dept: 28

The Court issued the following order:

The Court denies the Ex Parte Application to continue the Motion for Summary Judgment or Motion for Summary Adjudication on the grounds that (1) the Ex Parte Application is untimely, (2) Plaintiff has not shown diligence in obtaining necessary discovery for a Motion for Summary Judgment or Summary Adjudication filed 8 months ago, and (3) Plaintiff has not shown facts essential to justify opposition to the Motion for Summary Judgment still exist. Plaintiff seeks to show the location of where the incident occurred (the sidewalk in front of the mission). Defendant does not contest Plaintiff's location of the accident for the purpose of the Motion for Summary Judgment.

Counsel for Plaintiff has failed to file Opposition to the Motion for Summary Judgment/Summary Adjudication. The Court extends to today's date the time for Plaintiff to file Opposition. A Reply must be filed by May 1, 2023. Service of the Opposition and Reply must be made on the date of filing by electronic mail.

Notice is waived.