Judge: Lee S. Arian, Case: 22STCV23710, Date: 2024-08-12 Tentative Ruling

Case Number: 22STCV23710    Hearing Date: August 12, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION FOR TRIAL PREFERENCE

Hearing Date: 8/12/24¿ 

CASE NO./NAME: 22STCV23710 BLADIMIR RIVERA, et al. vs CITY OF LOS ANGELES, et al.

Moving Party: Plaintiff

Responding Party: Defendant CITY OF LOS ANGELES

Notice: Sufficient¿ 

Ruling: MOTION FOR TRIAL PREFERENCE IS DENIED

On July 22, 2022, Plaintiffs filed the present case seeking to recover damages for the wrongful death of the two minor children of decedent, Wendy Galdamez Palma, who was struck by a motor vehicle on the evening of September 11, 2021. Plaintiff moves the Court for trial preference under CCP § 36(b) for a wrongful death action involving a party who is under the age of 14.

As Defendant pointed out in its opposition, the present motion did not provide Defendant with adequate notice. Plaintiff did not file a reply contesting this. The motion was served on July 22, 2024, via electronic service, with the hearing set for August 12, 2024. Because the motion was served via email, the hearing must be set at least 18 court days from the date of service, including the required 16 court days pursuant to CCP § 1005(b) and an additional 2 court days for electronic service under CCP § 1010.6(a)(3)(B). The earliest permissible hearing date for the present motion is August 15, 2024. Although Defendant does not object to the motion on its merits, because the motion does not comply with the notice requirements, the motion is denied without prejudice. The court notes that Plaintiff filed another motion for trial preference on August 1, 2024, for a hearing date of August 28, 2024, which complies with the 18-court day notice requirement.

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.