Judge: Lee S. Arian, Case: 23STCV30097, Date: 2024-05-03 Tentative Ruling

Case Number: 23STCV30097    Hearing Date: May 3, 2024    Dept: 27

HON. LEE S. ARIAN

DEPARTMENT 27

TENTATIVE RULING

Hearing Date:                5/3/2024 at 1:30 p.m.

Case No./Name:          23STCV30097 HEIDY GARCIA vs IN-HOME SUPPORT SERVICES

Motion:                              MOTION FOR SUMMARY JUDGMENT

Moving Party:                 Plaintiff

Responding Party:      Defendant County of Los Angeles, erroneously sued as In-Home Support Services

Notice:                                Insufficient

Ruling:                              MOTION FOR SUMMARY JUDGMENT IS DENIED.

On December 11, 2023, Plaintiff, appearing in pro per, filed the present general negligence claim against Defendant County of Los Angeles, erroneously sued as In-Home Support Services. On February 28, 2024, Defendant filed an answer. On March 13, 2024, the Court denied Plaintiff’s motion for judgment on the pleadings. Plaintiff now moves the Court for summary judgment against Defendant for a hearing set for May 3, 2024.

California Rules of Court, Rule 3.1350(c) states that a motion for summary judgment must contain and be supported by a notice of motion and separate statement of undisputed material facts in support of the motion. These required documents are missing from the motion.  Furthermore, pursuant to Cal. Code Civ. Proc. § 437c, notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. The present motion filed on March 27, 2024, was not filed 75 days before the hearing date set for May 3, 2024.

Because a motion for summary judgment is potentially case dispositive and usually requires considerable time and effort to prepare, a summary judgment motion is perhaps the most important pretrial motion in a civil case. The 75-day deadline is mandatory, and the Court has no authority to shorten the minimum notice period for a summary judgment hearing. (McMahon v. Superior Court (2003) 106 Cal.App.4th 112, 117.)

Thus, the present 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.