Judge: Mark C. Kim, Case: 19STCV16319, Date: 2022-09-13 Tentative Ruling

Case Number: 19STCV16319    Hearing Date: September 13, 2022    Dept: S27

The City filed summary judgment motion on 7/13/22, setting it for hearing on 9/13/22.  Plaintiffs object to the motion, correctly noting that the moving papers were neither filed nor served at least 75 days prior to the hearing date, as required by CCP §437c.  Plaintiffs correctly note that this defect is jurisdictional and the Court is without power to rule on the motion in light of the defect. 

Any reply to the opposition was due on or before 9/08/22.  The City has not filed any reply, and has not shown that its motion was somehow timely filed and served.  The Court asks the City to take future motions off calendar when a similar defect comes to light, in order to conserve judicial and attorney resources. 

Plaintiffs’ objection is sustained, and the Court takes the hearing on the motion off calendar.

The City is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.