Judge: Jon R. Takasugi, Case: 23STCV17983, Date: 2024-05-14 Tentative Ruling

Case Number: 23STCV17983    Hearing Date: May 14, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for summary judgment is DENIED.

            On 8/1/2023, Plaintiff Andre Nesbit (Plaintiff) filed suit against Walgreens, alleging negligence per se.

            On 3/7/2024, Plaintiff moved for summary judgment.

Discussion 

            Plaintiff’s moving papers fail to comply with the procedural and evidentiary requirements of Code Civ. Proc., § 437c, and the Court is thus unable to reach the merits of the motion.

            The original moving papers were not supported by a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. (CCP § 437c(b)(1)).

            Then, Plaintiff proceeded to file four different versions of Separate Statements as recently as 2/28/2024. Plaintiff is not entitled to continue to file amended versions of moving papers. Rather, Plaintiff was required to submit a Separate Statement as part of his original motion, and such Separate Statement was required to be provided 75 days prior to the noticed hearing.

            Moreover, even setting this defect aside, Plaintiff’s Separate Statement is in violation of CRC 3.1350 in that it fails to cite to any supporting evidence. Rather, each fact merely states that “[t]his is supported by the Plaintiff’s declaration and exhibit List.” It is not the onus of the Court to sift through Plaintiff’s Compendium of Evidence to identify which documents purportedly support the underlying contention.

            The Court urges Plaintiff to obtain counsel to assist him in the litigation of this action.

            Based on the foregoing, Plaintiff’s motion for summary judgment is denied.

It is so ordered.

Dated:  May    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.