Judge: Lee S. Arian, Case: 23STCV300097, Date: 2024-08-30 Tentative Ruling

Case Number: 23STCV300097    Hearing Date: August 30, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION FOR ORDER 

Hearing Date:8/30/24¿ 

CASE NO./NAME: 23STCV30097 HEIDY GARCIA vs IN-HOME SUPPORT SERVICES

Moving Party: Plaintiff

Responding Party: Defendant County of Los Angeles

Notice: Sufficient¿ 

Ruling: MOTION FOR ORDER IS DENIED. 

Before the Court is a motion filed by Plaintiff, who is appearing pro per. Plaintiff states that social workers have been informed of her medical needs, but unfortunately, they require a court order. Plaintiff did not specify in the motion the type of order she is requesting the Court to make. Defendant filed an opposition arguing that the motion should be denied because Plaintiff has not provided any basis for relief.

Pursuant to CCP § 1010, every motion must "be in writing, and the notice of a motion must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based." A similar requirement is also outlined under California Rules of Court, Rule 3.1110(a), which mandates that “a notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” A basic principle of motion practice is that the moving party must specify for the Court and the opposing party the grounds upon which that party seeks relief. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1125.)

Here, the motion merely requests an order; it does not specify what type of order Plaintiff is requesting the Court to make, let alone provide the legal and factual foundation for such an order. The Court has no basis to assess the merits of the request or determine appropriate remedies. Accordingly, the motion 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 without leave.