Judge: Elaine Lu, Case: 23STCP01371, Date: 2023-07-10 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: 23STCP01371    Hearing Date: August 28, 2023    Dept: 26

Petitioner has failed to provide any form of identification tied to a fingerprint on file, which is necessary for Probation to run a criminal history assessment.  Petitioner must provide Probation with some form of identification verified by a fingerprint to enable Probation to run a criminal history assessment.  Petitioner may do this by any of the following options:

(1) providing a California driver license number or California id number (Petitioner may apply for and obtain a new California id or California driver license and provide such information to Probation);

(2) providing Probation with a driver license number or DMV-issued id number from another state and identifying the state that issued the driver license or id; or

(3) contacting Probation at (323) 430-8260 or (323) 430-8429 and requesting the Name Change Probation Officer, who can provide instructions on how Petitioner may have fingerprints taken for a LIVESCAN and results sent to Probation.

The petition is continued to October 9, 2023 at 9 am to enable Petitioner to pursue one of these three options.  This is the second time that the Court has noted this defect, which Petitioner has failed to correct.  If Petitioner still fails to provide Probation with sufficient information to run a criminal history assessment prior to the next hearing date, the petition will be denied and dismissed without prejudice.  There shall be no further continuances for this purpose.

Court Clerk to give notice.