Judge: Christopher K. Lui, Case: BC696195, Date: 2022-10-13 Tentative Ruling

Case Number: BC696195    Hearing Date: October 13, 2022    Dept: 76

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)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.  Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.  If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling.

            This is an action for breach of an agreement for the purchase of real property, whereby Defendants have failed to sell the property. 

Defendant Regions Bank moves for summary judgment or, in the alternative, summary adjudication. 

TENTATIVE RULING           

Defendant Regions Bank’s motion for summary judgment or, in the alternative, summary adjudication is taken OFF-CALENDAR AS MOOT.

ANALYSIS

Motion For Summary Judgment/Summary Adjudication

Defendant Regions Bank moves for summary judgment or, in the alternative, summary adjudication. On September 2, 2022,Plaintiff dismissed the First Amended Complaint as against moving Defendant Regions Bank with prejudice. 

Where a defendant who filed a motion for summary judgment is dismissed without prejudice before the opposition to the motion for summary judgment is due, the court lacks jurisdiction to hear the motion on the merits. (Zapanta v. Universal Care, Inc. (2003) 107 Cal.App.4th 1167, 1171-74.)

            Here, Plaintiff’s dismissal with prejudice was filed before the opposition was due. As such, this Court lacks jurisdiction to hear the motion.

            The motion is taken OFF-CALENDAR AS MOOT.