Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 200 

 

 

This case arises from the allegedly unlawful arrest of a paramedic who was called to the scene to render aid to a homeless and autistic sexual assault victim.  This hearing is on Defendants Sgt. Pelayo and the City of Los Angeles’ motion for summary judgment.  Defendants argue that Plaintiff’s opposition to their motion was due on January 10, 2025, but was not filed until January 16, 2025.  Defendants filed a reply which only raised the untimeliness of the opposition, without addressing the substance of the opposition.   

It is within the court’s¿discretion¿whether to¿consider¿the late¿opposition.  (Kapitanski v. Von’s Grocery Store (1983) 146 Cal. App. 3d 29, 32.) The Court exercises its discretion to¿consider¿the¿untimely¿opposition.  The hearing is continued to February 21, 2025.  Defendants may file and serve a reply brief no later than Monday, February 10, 2025. 

 

DATED: January 30, 2025 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court