Judge: Holly J. Fujie, Case: 21STCV31231, Date: 2023-01-06 Tentative Ruling

Case Number: 21STCV31231    Hearing Date: January 6, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiffs

RESPONDING PARTY: Defendants

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

BACKGROUND

            This action arises out of a landlord/tenant relationship.  Plaintiffs’ complaint (the “Complaint”) alleges: (1) breach of contract; (2) breach of guaranty; and (3) conversion.

On September 12, 2022, Plaintiffs filed a motion for summary judgment and/or adjudication (the “Motion”) of the Complaint.[1]  Defendants filed their opposition (the “Opposition”) on October 27, 2022.  Plaintiffs filed their reply brief (the “Reply”) and accompanying evidentiary objections to the Opposition on December 16, 2022.  Several of Plaintiffs’ evidentiary objections were asserted on the ground that Defendants failed to include admissible evidence referenced in the Opposition and supporting declaration.  On December 19, 2022, Defendants filed a Notice of Errata providing that the Opposition’s supporting exhibits were mistakenly omitted due to a clerical error.[2]  The Notice of Errata includes the exhibits cited in the Opposition.

The Court exercises its discretion and is inclined to consider Defendants’ late-filed exhibits.  Since the exhibits were filed after Plaintiffs filed the Reply, however, the Court will allow Plaintiffs to file a supplemental reply brief that responds to the now-submitted evidence and any updated objections they may have to Defendants’ evidence.  The Court therefore CONTINUES the hearing on the Motion to January 26, 2023 at 8:30 a.m. in this department.  Plaintiffs are ordered to file their supplemental reply and accompanying papers on or before January 19, 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 6th day of January 2023