Judge: Holly J. Fujie, Case: 21STCV20244, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV20244    Hearing Date: January 17, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

RESPONDING PARTY: Defendant Mercedes-Benz USA, LLC (“Defendant”)

            The Court has considered the moving, opposition and reply papers.

BACKGROUND

            On May 28, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violation of the Song-Beverly Act; (2) violation of the Magnuson-Moss Act; and (3) violation of the Consumer Legal Remedies Act. 

On November 2, 2022, judgment was entered in Plaintiff’s favor.  On December 19, 2022, Plaintiff filed a motion for attorney’s fees (the “Motion”) pursuant to Civil Code section 1794, subdivision (d).  Plaintiff seeks: (1) attorney’s fees in the amount of $108,442.50; and (2) costs in the amount of $2,446.16.[1]

Defendant filed its opposition brief (the “Opposition”) on January 9, 2023.  Under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b), opposition papers are required to be filed and served at least nine court days before the hearing.  The Opposition therefore should have been filed by January 3, 2023.  Plaintiff filed a reply (the “Reply”) on January 12, 2023.  The Reply does not substantively respond to the Opposition and argues that the Court should disregard the Opposition’s arguments due to Defendant’s failure to timely file its brief.  The Court exercises its discretion and CONTINUES the hearing on the Motion to February 7, 2023 to allow Plaintiff to file a supplemental reply that substantively responds to Defendant’s Opposition, which is to be filed no later than January 31, 2023.

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

        Dated this 17th day of January 2023