Judge: Kristin S. Escalante , Case: BC703891, Date: 2023-06-20 Tentative Ruling

Case Number: BC703891    Hearing Date: June 20, 2023    Dept: 24

NATURE OF PROCEEDINGS: Hearing on Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction; C.C.P. § 663; C.C.P. § 473(d)

 

TENTATIVE RULING:

No Tentative. As counsel are likely aware, Judge Kristen Escalante is presently on assignment to the Court of Appeal, with an expected return date to Department 24 in July 2023. During her absence, several assigned judges have been sitting in Department 24. The present judicial officer, Judge Yolanda Orozco, has been assigned to this department from June 20, 2023, until Friday, June 30, 2023. One or more assigned judges will be in Department 24 until Judge Escalante’s return.

 

A good argument exists that a motion as the instant one should be decided by the judicial officer who will continue to govern this case and who oversaw the jury trial and subsequent judgment which is the subject of this motion. For this reason, the court continues the hearing on this motion to August 4, 2023 so that the motion is considered by Judge Escalante.

 

Moving party to give notice.