Judge: Elaine Lu, Case: 21STCV32861, Date: 2023-10-04 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: 21STCV32861 Hearing Date: October 4, 2023 Dept: 26
On October 3, 2023, Plaintiff filed an ex parte application for an order shortening time to hear Plaintiff's motion in limine. Throughout its ex parte application, Plaintiff asserts that "Plaintiff filed and served a Motion in Limine for adverse inference instructions on September 29, 2016 [sic], with sufficient statutory notice under CCP Section 1005 so that it may be heard no later than the date of the FSC." The Court will presume that Plaintiff has made a typographical error and that Plaintiff actually meant to state that it filed a motion in limine on September 29, 2023 -- not 2016. In any event, even presuming that Plaintiff meant September 29, 2023, Plainiff is mistaken. A review of the Court's (electronic) docket reveals that Plaintiff did not in fact file any motion in lmine on September 29, 2023. Indeed the docket reflects no motion in limine filed by any party to date. Thus, there is no pending motion in limine for which to shorten time. Accordingly, Plaintiff's ex parte application is DENIED WITHOUT PREJUDICE.
In any event, if Plaintiff files and serves its antiipated motion in limine on October 4, 2023, Defendant should file and serve any opposition no later than 7 court days following service of Plaintiff's motion in limine, and any reply must be filed and served no later than 5 court days prior to the final status conference. The Court will hear Plaintiff's motion in limine prior to the commencement of jury selection, but not necessarily at the FSC.
Plaintiff to give notice of this order and to file proof of service of such.