Judge Lee W. Tsao, Case Number: 22NWCV01711, Date: 2023-12-28 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01711, Date: 2023-12-28 Tentative Ruling

Case Number: 22NWCV01711 Hearing Date: December 28, 2023 Dept: C

CALLEROS v. FAD

CASE NO.: 22NWCV01711

HEARING: 12/28/23 @ 9:30 a.m.

TENTATIVE RULING

Defendant’s Motion for Summary Judgment to Dismiss the Case is DENIED.

Opposing Party to give Notice.

The Complaint filed December 23, 2022 alleges that on December 30, 2020, Plaintiff JONATHAN CALLEROS (“Plaintiff”) was delivering a package to the home of Defendant YOUSSEF EHAB GAD (“Defendant”) when Defendant’s unleashed dog bit Plaintiff twice in the leg, causing severe injuries.

Defendant (in pro per) moves for summary judgment to dismiss this action under CCP §473c.

Defendant’s Motion was filed on December 4, 2023 and served on December 18, 2023—10 calendar days before this hearing.

A Motion for Summary Judgment must be “served on all… parties to the action at least 75 days before the time appointed for hearing.” (CCP §437c(a)(2).)

The Motion is procedurally defective and must be DENIED.