Judge: Elaine Lu, Case: 20STCV20920, Date: 2023-04-05 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 20STCV20920 Hearing Date: April 5, 2023 Dept: 26
It is unclear to the Court why the parties believe it would be necessary for for them to litigate a separate motion to strike the evidence Plaintiff filed with its reply in connection with Plaintiff's motion for summary adjudication.
In lieu of a motion to strike the evidence Plaintiff filed with its reply, Defendant may simply file and serve an objection to Plaintiff's reply evidence, setting forth the reasons why Defendant believe such evidence is improper for the Court's consideration. Defendant must file such objection not to exceed 3 pages no later than 9 am on April 6, 2023. If Plaintiff wishes to respond to Defendant's objection to Plaintiff's reply evidence, Plaintiff may file and serve its response not to exceed 3 pages no later than 9 am on April 7, 2023.
Defendant's ex parte application to advance its motion to strike is DENIED at this juncture. If any party feels that it is appropriate to revisit the necessity of a separate motion to strike, they can raise the issue at the hearing on Plaintiff's motion for summary judgment/adjudication.
Defendant to give notice to all parties.