Judge: Elaine Lu, Case: 22STCV33120, Date: 2024-01-31 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: 22STCV33120    Hearing Date: January 31, 2024    Dept: 26

The Court is inclined to grant Plaintiff/Cross-Defendant's ex parte application to continue the trial to enable Plaintiff/Cross-Defendant's motion for summary judgment to be heard in advance of the trial.  The Court is inclined to continue the trial to July 1, 2024 or July 8, 2024.  

The hearing on Plaintiff/Cross-Defendant's ex parte application is continued to February 2, 2024 at 8:30 am.  Prior to the continued February 2, 2024 ex parte application hearing date, the parties should confirm: (1) that the trial estimate remains 5-7 days, and (2) all of their witnesses' availability and all trial counsel's availability if the Court grants the request for trial continuance to July 1, 2024 or July 8, 2024.

Moving party to give electronic notice.