Judge: Marcella O. Mclaughlin, Case: 37-2023-00000321-CU-NP-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 16, 2023

11/17/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Non-PI/PD/WD tort - Other Summary Judgment / Summary Adjudication (Civil) 37-2023-00000321-CU-NP-CTL JOAN NEWSOME BY AND THROUGH HER SUCCESSOR IN INTEREST SARA BURNS VS BALBOA HEALTHCARE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

A. The hearing on the motion for summary judgment or, in the alternative, summary adjudication is ordered OFF CALENDAR. No moving papers were filed in connection with today's hearing.

B. 'Failure to file a Motion for Summary Judgment and/or Summary Adjudication after reserving a date with the calendar clerk, or failing to call the independent calendar clerk to take the hearing off calendar no later than two days after the last date to serve moving papers pursuant to Code of Civil Procedure, section 437c, shall be deemed to be a waste of judicial resources and a violation of local rules.' SDSC Local Rule 2.1.19. In such situations, '[t]he court may set an OSC re Imposition of Monetary Sanctions under Code of Civil Procedure section 177.5. Id. Here, defense counsel clearly knew as of September 12, 2023 that the summary judgment hearing would not be going forward today. Yet counsel made no effort to inform the court of this development.

Counsel should have called the calendar clerk so that the court could have accommodated other litigants on this law and motion calendar. Accordingly, the court hereby sets an OSC re sanctions under section 177.5, in an amount not to exceed $1,500, to be heard on December 22, 2023 at 10:00 a.m. in Dept. 72. The counsel to be sanctioned is counsel for defendant. The conduct in question is

disobedience of Local Rule 2.1.19.

C. The parties should attend the hearing prepared to assist the court in re-setting the case for trial.

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