Judge: Lisa R. Jaskol, Case: 23STCV00605, Date: 2023-11-28 Tentative Ruling
Case Number: 23STCV00605 Hearing Date: February 20, 2024 Dept: 28
Having considered the moving, opposition, and reply papers, the Court rules as follows.
BACKGROUND
On January 11, 2023, Plaintiff Letricia Lavern Brown (“Plaintiff”) filed this action against Defendants State of California, County of Los Angeles, Torrance Memorial Medical Center, Palos Verdes Peninsula Unified School District (“Palos Verdes”), County of Los Angeles Sheriff Department, The United States of America, County of Los Angeles Department of Children and Family Services, Does 1-200, and other defendants for assault, battery, trespass, permanent injunction and other equitable relief, personal injury, wrongful death, professional negligence, damages, intellectual property, elder/dependent adult abuse, breach of contract, civil rights violation, writ of certiorari, defamation, conspiracy, unlawful wire tap, medical malpractice, whistleblower protection, and “breach of fiduciary fraud.”
On March 16, 2023, Defendant South Central Los Angeles Regional Center for Developmentally Disabled Persons, Inc. (erroneously sued as Los Angeles Regional Medical Center) (“SCLARC”) filed a notice of removal to federal court.
On October 9, 2023, counsel for Defendant Exodus Recovery, Inc. (“Exodus”) reported that the federal court had dismissed Plaintiff's case, Plaintiff had appealed, and the federal court had not remanded the case to the Los Angeles Superior Court. The Court scheduled an Order to Show Cause Re: Dismissal on March 6, 2024.
On October 23, 2023, Plaintiff filed a motion for reconsideration of the removal to federal court and other orders. The Court scheduled the motion for November 28, 2023. On November 13, 2023, Exodus, the Superior Court of California, County of Los Angeles (erroneously sued as Edmund D. Edelman Children’s Court and Superior Court State of California), and SCLARC filed oppositions to the motion. On November 14, 2023, Palos Verdes filed an opposition. On November 20, 2023, Plaintiff filed replies and lodged exhibits.
On November 28, 2023, the Court denied Plaintiff’s motion for reconsideration.
On December 4, 2023, Plaintiff filed a motion for reconsideration of the November 28, 2023 order denying reconsideration. On February 5, 2024, Palos Verdes and the Superior Court of California, County of Los Angeles filed oppositions. On February 13, 2024, Plaintiff filed a reply.
No trial date is currently scheduled.
REQUEST FOR JUDICIAL NOTICE
The Court grants the request for judicial notice. (Evid. Code, §§ 452, subd. (d), 453.)
DISCUSSION
On March 16, 2023, SCLARC removed the case to federal court. The federal court has not remanded the case back to the Los Angeles Superior Court. Therefore, this Court has no jurisdiction to consider Plaintiff’s motion for reconsideration. The Court denies the motion.
CONCLUSION
The Court DENIES Plaintiff’s motion for reconsideration.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.