Judge: Lee S. Arian, Case: 22STCV22638, Date: 2023-12-12 Tentative Ruling
Case Number: 22STCV22638 Hearing Date: March 6, 2024 Dept: 27
Complaint
Filed: 7/13/2022
¿
Hon. Lee S. Arian¿
Department 27¿
Tentative Ruling
Hearing
Date: 3/6/2024
at 1:30 p.m.¿¿
Case
No./Name.: 22STCV22638
LYONELL P. HENSON, et al. vs BALDWIN GARDENS, INC, et al.
Motion: Motion
for Leave to File a Cross-Complaint
Moving
Party: BALDWIN
BROTHERS, INC., BALDWIN GARDENS, INC.
Responding
Party: DWIGHT
ANTWAN GIBBS
Notice: Sufficient¿¿
¿¿
Ruling: DEFENDANTS’
MOTION
FOR LEAVE TO FILE A CROSS-COMPLAINT IS CONTINUED
This
matter arises from an alleged assault and robbery on July 14, 2020. Plaintiff
LYONELL P. HENSON (hereinafter "Plaintiff") alleges that he was on
premises owned by Defendants/Cross-Defendants BALDWIN GARDENS, INC. and BALDWIN
BROTHERS, INC. (Baldwin Defendants) when he was assaulted and robbed by
Defendant DWIGHT ANTWAN GIBBS (Gibbs). As a result of Plaintiff's discovery
responses, Baldwin Defendants learned that Gibbs was responsible for the
assault and robbery. Consequently, Baldwin Defendants filed the present motion
on September 14, 2023, seeking leave to file a cross-complaint against Gibbs.
The Court considered the motion and on November 22, 2023, issued an order
continuing the hearing to March 6, 2024, and further ordered the Baldwin
Defendants to serve Gibbs as well as provide the Court with a copy of the
proposed cross-complaint by February 28, 2024. On February 21, 2024, Baldwin
Defendants filed a proof of service for Gibbs’ service, but failed to provide
the court with a copy of the proposed cross complaint by the deadline.
Thus, the
Court CONTINUES the hearing on the Motion to Wednesday, April 9, 2024, at 1:30
PM and ORDERS the Baldwin Defendants, by the close of business on April 2,
2024, to file a copy of the proposed cross-complaint with the Court. The failure of counsel for the Baldwin
Defendants to follow simple court directions, and thereby make what should be a
simple process into one calling for repeated hearings is frustrating, at
best. Each of the Personal Injury Hub
courtrooms in Los Angeles has a docket of approximately 3200 cases. None has the bandwidth to have simple matters
become multi-appearance issues.
Accordingly, failure to comply with the Court’s orders will result in an
OSC re sanctions.
¿¿¿
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 without leave.¿¿¿¿¿
¿¿¿