Judge: Kristin S. Escalante , Case: 21STCV22188, Date: 2023-04-28 Tentative Ruling
DEPARTMENT 24 - LAW AND MOTION RULINGS
Submission Instructions.
1. Please notify the courtroom staff by email not later than 4:00 p.m. the day before the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SMCDEPT24@lacourt.org. Please do not use any other email address. You must cc all other parties on the email.
2. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, case name and number, date of hearing and the party you represent in the body of the email. 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
3. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a motion placed off-calendar and parties are ordered to cancel the reservation on CRS.
4. If all parties submit, the tentative ruling will become the final ruling after the hearing date. The moving party shall give notice of the final ruling.
5.Tentative rulings are not invitations or opportunities to file further documents relative to the hearing before the Court. Said document(s) will not be considered by the Court.
Case Number: 21STCV22188 Hearing Date: April 28, 2023 Dept: 24
Motion to strike plaintiffs’ first amended complaint as
unmanageable.
No tentative.
As counsel are likely aware, Judge Escalante is presently on assignment
to the Court of Appeal, with an expected return date to Department 24 of June
5, 2023. During her absence, several
assigned judges have been sitting in Department 24. The present judicial officer, Judge Charles
C. Lee, Ret., has been assigned to this department since April 3, 2023, and his
last day is today, April 28, 2023. One
or more assigned judges will be in Department 24 until Judge Escalante’s
return.
A good argument can be made that such an important motion as
the instant one should be decided by the judicial officer that would continue
to govern this case until its conclusion.
Alternatively, one of the assigned judges here for the month of May (if
there is more than one) can rule on the instant motion on a date in May most
acceptable to counsel. On April 28,
counsel should be prepared to discuss the best approach to the scheduling of
this motion.
