Judge: Kerry Bensinger, Case: BC692559, Date: 2023-09-26 Tentative Ruling

Case Number: BC692559    Hearing Date: October 11, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     October 11, 2023                               TRIAL DATE:  Disposed

CASE:                         Jaleel Melendez v. Pinetree Terrace Apartments, et al.

CASE NO.:                 BC692559

MOTION TO BE RELIEVED OF DEEMED ADMISSIONS

MOVING PARTY:               Plaintiff Jaleel Melendez

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

            On February 1, 2018, Plaintiff, Jaleel Melendez[1], initiated this action against Defendants, Pinetree Terrace Apartments and Mabry Management Co., Inc., for injuries arising from a slip and fall on the common area staircase of Defendants’ premises.  Plaintiff filed the First Amended Complaint (“FAC”) on April 17, 2018.  The FAC asserted causes of action for (1) General Negligence and (2) Premises Liability. 

            Deemed Admissions

            On August 24, 2022, Defendants filed a Motion to Have Requests for Admissions Deemed Admitted against Plaintiff.  Plaintiff failed to file an opposition.  The Court granted the motion on December 20, 2022.

            On March 7, 2023, Plaintiff filed a Motion to be Relieved from Deemed Admission.  The motion was heard on May 4, 2023.  At the hearing, Plaintiff represented he was involved in an unrelated accident which resulted in temporary disability and prevented him from responding to the Requests for Admissions.  However, for a variety of reasons, including Plaintiff’s failure to provide any medical records or information that informed the analysis regarding his injury, the Court denied Plaintiff’s motion.

            Motion for Summary Judgment

            On January 12, 2023, Defendants filed a motion for summary judgment.  Plaintiff did not file an opposition.  The motion was heard on May 5, 2023.  Plaintiff appeared at the hearing and proceeded to recite portions of deposition testimony in an effort to raise triable issues of material fact.  The Court continued the hearing to consider the narrow question whether the oral presentation of discovery excerpts recited at the hearing may be considered and defeat a summary judgment motion when such information was not presented in any opposition or separate statement of disputed facts.  Indeed, neither a separate statement nor an opposition had been filed. The Court directed the parties to submit further briefing.  The parties submitted additional briefing.  On May 17, 2023, after consideration of the briefing, the Court granted Defendants’ motion for summary judgment.

            On August 7, 2023, judgment was entered in favor of Defendants.

            Motion for a New Trial

            On July 27, 2023, Plaintiff filed a motion for a new trial.  The Court denied the Motion on October 5, 2023.

            Plaintiff now seeks once more to be relieved from the deemed admissions.[2]  Plaintiff’s motion is a procedural anomaly.  The Court previously heard and denied Plaintiff’s Motion to be Relieved from Deemed Admissions on May 4, 2023.  If Plaintiff seeks an order for reconsideration of the May 4, 2023 ruling, that time has passed.  A motion for reconsideration must be brought within 10 days after service upon the party of written notice of entry of the order.  (Code Civ. Proc., § 1008, subd. (a).)  Here, Defendants served Plaintiff with notice of the May 4, 2023 ruling on May 8, 2023.  The motion is untimely.

            Accordingly, the motion is DENIED. 

            The Court also notes Plaintiff has reserved a hearing date for a Motion to Set Aside/Vacate Judgment (CCP 473) on October 18, 2023.  Plaintiff has yet to file any motion in connection with this hearing.  Given the Court’s previous rulings regarding relief from the deemed admissions, Defendants’ summary judgment motion, and Plaintiff’s motion for a new trial, and the absence of any filings, the hearing for the Motion to Set Aside/Vacate Judgment (CCP 473) is taken off calendar.

Moving party to give notice. 

Dated:   October 11, 2023                                         ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that 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 matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.