Judge: Kerry Bensinger, Case: 23STCV16283, Date: 2023-11-07 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. 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 motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

Case Number: 23STCV16283    Hearing Date: January 22, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     January 22, 2024                               TRIAL DATE:  Not set

CASE:                         D.S. v. County of Los Angeles, et al.

CASE NO.:                 23STCV16283

MOTION TO STRIKE

MOVING PARTY:               Defendant Ninos Latinos Unidos, Inc.

RESPONDING PARTY:     Plaintiff D.S.

            This is a child sexual abuse case.  On July 12, 2023, Plaintiff, D.S., filed a Complaint against Defendants, County of Los Angeles (“County”), Ninos Latinos Unidos, (“NLU”), and Does 3 through 25, alleging she was sexually abused in foster care while under Defendants’ legal custody, care, and control.

            On August 16, 2023, NLU filed this motion to strike punitive damages from the Complaint.  At the hearing for the motion on November 7, 2023, the parties represented to the court that this matter may be deemed as complex.  The parties further requested that the Hearing on Motion to Strike be heard when the case is reassigned.  Accordingly, the court set the Motion to Strike on 01/22/2024 for tracking purposes.

            On November 7, 2023, the County filed a Notice of Related Case.

            On January 10 and 11, 2024, the County and NLU, respectively, filed Case Management Statements indicating that this matter has been deemed complex and is awaiting reassignment.

            Accordingly, the court will continue the Motion to Strike to March 22, 2024 at 9:00 a.m.  The court will also inquire of the status of reassignment to the complex department.

Clerk of the Court to give notice, unless waived. 

Dated:   January 22, 2024