Judge: Elaine Lu, Case: 23STCP01934, Date: 2023-08-14 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: 23STCP01934 Hearing Date: September 25, 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.
On August 14, 2023, the Court continued the petition explicitly noting
this issue and ordered Petitioner to provide Probation with some form of
identification verified by a fingerprint to enable Probation to run a criminal
history assessment and identified how this may be done. However, Petitioner failed to do so. Accordingly, the instant petition is DENIED
WITHOUT PREJUDICE. Petitioner may submit a new petition addressing the lack of
identification tied to a fingerprint for Probation to run a criminal history
assessment.
Court Clerk to give notice.