Judge Lee S. Arian, Case Number: 23STCV16153, Date: 2024-07-01 Tentative Ruling

Judge: Lee S. Arian, Case: 23STCV16153, Date: 2024-07-01 Tentative Ruling

Case Number: 23STCV16153 Hearing Date: July 1, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27¿

MOTION TO ADVANCE THE HEARING ON ITS MOTION FOR SUMMARY JUDGMENT¿

Hearing Date: 7/1/24¿¿

CASE NO./NAME: 23STCV16153 DANIELA SCHMIDT vs MIZAN AND MONIRA BHUIYAN, et al.

Moving Party: Plaintiff

Responding Party: Unopposed

Notice: Sufficient¿¿

Ruling: MOTION TO ADVANCE THE HEARING ON ITS MOTION FOR SUMMARY JUDGMENT IS DENIED, BUT, ALTERNATIVE RELIEF IS GRANTED.

On July 11, 2023, Plaintiff, in pro per, filed the present case. On May 8, 2024, Plaintiff filed her motion for summary judgment (MSJ) with a hearing date set for January 7, 2025. The trial date is currently set for January 7, 2025. Defendant moves the Court to advance the MSJ hearing date to 30 days before the trial date of January 7, 2025. No opposition was filed.

The Court’s calendar is congested. Plaintiff was unable to secure a hearing date earlier than the trial date because, as stated in its motion, the earliest available date for the Court to hear the motion was February 6, 2025. However, allowing Plaintiff’s MSJ to be heard 30 days before trial constitutes good cause for the Court to continue the trial date.

Accordingly, the Court hereby continues the trial to March 3, 2025 at 8:30 am, and FSC is set for _____, 2025 at 10:00 am. Fact discovery will not follow the new trial date; should the parties elect to have fact discovery follow the new trial date, a stipulation to do so must be filed, or, in the event the parties do not so agree, a motion for that purpose must be filed and granted.

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.