Judge: Lee S. Arian, Case: 22STCV02313, Date: 2024-06-05 Tentative Ruling

Case Number: 22STCV02313    Hearing Date: June 5, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION FOR SUMMARY JUDGMENT AND REQUESTS FOR DEFENSE COSTS

Hearing Date: 6/5/24 

CASE NO./NAME: 22STCV02313 IGNACIO SAAVEDRA BAULO vs. CITY OF LOS ANGELES

Moving Party: Defendant State of California, acting by and through the Department of Transportation (Caltrans)

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION FOR SUMMARY JUDGMENT IS MOOT AND

REQUESTS FOR DEFENSE COSTS IS DENIED

On January 19, 2022, Plaintiff filed the current case against multiple defendants, including Defendant the State of California, acting by and through the Department of Transportation (Caltrans), for negligence and dangerous condition of public property. Plaintiff alleges that he was injured while driving near 17015 Pacific Coast Highway in Los Angeles when his vehicle struck an open (uncovered) manhole. Defendant Caltrans moved for summary judgment on the grounds that the State did not own, control, or maintain the property at the time of Plaintiff's injuries on January 15, 2021. Caltrans also sought an award of costs and attorney’s fees under C.C.P. section 1038.

On March 29, 2024, the Court granted Plaintiff’s request to dismiss Defendant Caltrans with prejudice. Consequently, the present motion is moot. Courts decide only justiciable issues. (Wilson & Wilson v. City Council of Redwood City (2011) 191 Cal.App.4th 1559, 1573, 120 Cal.Rptr.3d 665.) Justiciability refers to whether the questions litigated are based on an actual controversy. Unripeness and mootness describe situations where there is no justiciable controversy. Mootness occurs when a once ripe actual controversy no longer exists due to a change in circumstances. (Id.)

CCP § 1038 (d) provides that CCP 1038 “only appl[ies] if the defendant …has made a motion for summary judgment … and the motion is granted.” Because the present motion for summary judgment is moot and not granted, Defendant’s request for fees under CCP § 1038 is DENIED.

PLEASE TAKE NOTICE: 

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.