Judge: Christopher K. Lui, Case: 22STCV38136, Date: 2024-05-16 Tentative Ruling

Case Number: 22STCV38136    Hearing Date: May 16, 2024    Dept: 76

The following tentative ruling is issued pursuant to Rule of Court 3.1308 at 2:57 p.m. on May 15, 2024. 

Notice of intent to appear is REQUIRED pursuant to California Rule of Court 3.1308(a)(1).  The Court does not desire oral argument on the motion addressed herein. 

As required by Rule 3.1308(a)(1), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 by 4:00 p.m. on May 15, 2024.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, oral argument will not be permitted.

Plaintiff insurer seeks to recover from the manufacturer of an air vent exhaust fan which caused a fire at the property of Plaintiff’s insured, for which Plaintiff paid policy benefits.

Defendant Air Vent, Inc. filed a Cross-Complaint against the manufacturer of the motor which was allegedly defective and the cause of the fire.

Specially-appearing Defendant Powermax Electric Co. Ltd. Guangdong moves to quash the service of summons on the ground that this Court lacks personal jurisdiction.

TENTATIVE RULING

Defendant/Cross-Complainant Air Vent, Inc. lodged the following documents under seal without providing the notice required by Cal. Rules of Court, Rule 2.551(b)(3)(A)(iii)—if Air Vent does not intend to have the documents sealed—or alternatively, a motion to seal, pursuant to Rule 2.551(b)(1): (1) The Declaration of Courtney Jakofsky in support of AVI's Opposition to Powermax's Motion; and (2) the Declaration of Brad Holland in support of AVI's Opposition to Powermax's Motion.

            Because this is not a discovery motion, the California Rules of Court governing sealing procedures applies. (Cal. Rules of Court, Rule 2.550(a)(3).) See also Protective Order, ¶ 17, which indicates that the Confidential Materials designation obviates a sealing motion only as to discovery motions.

The hearing on specially-appearing Defendant Powermax Electric Co. Ltd.’s Guandong motion to quash the service of summons is CONTINUED to July 10, 2024 at 8:30 a.m. Defendant/Cross-Complainant Air Vent, Inc. is either to publicly file all documents in unredacted form or, alternatively, file a motion to seal to also be heard on July 10, 2024, pursuant to the briefing schedule set forth in Civ. Proc. Code, § 1005(b).