Judge: Mark C. Kim, Case: 21LBCP00396, Date: 2022-12-15 Tentative Ruling

Case Number: 21LBCP00396    Hearing Date: December 15, 2022    Dept: S27

1.     Background Facts

Plaintiff, Venice J. Gamble aka Venice Jaymes Gamble, II filed this action against Defendants, Long Beach Unified School District, et al. on 12/30/21.  In the required civil case cover sheet, Plaintiff erroneously identified this case as “other petition,” which resulted in assignment of an LBCP, rather than LBCV, case number.  The case is actually an “other complaint,” not “other petition.” 

On 2/04/22, Defendants filed a notice of removal to federal court.  The removal was due to Plaintiff’s inclusion of allegations concerning constitutional rights violations.  The Court has no record of the case being remanded to state court.  However, on 5/04/22, Plaintiff filed a “motion for leave to amend remanded complaint,” which was granted on 5/26/22. 

2.     Demurrer

Plaintiff filed a twenty-page opposition to Defendant’s demurrer on 12/05/22.  The opposition was late-filed (due on 12/02/22 per CCP §1005(b)).  The opposition is oversized in violation of California Rules of Court, Rule 3.1113(d), which prohibits memoranda in excess of fifteen pages. 

The hearing is continued to Thursday, 1/12/23.  Plaintiff must file a timely opposition brief on or before 12/29/22, as required by CCP §1005(b).  Plaintiff must ensure the opposition brief is no more than fifteen pages long and must not violate any other Rule of Court (rules governing format of briefs can be found in Title 2, Division 2, Chapter 1 of the Rules of Court) in order to reduce the length of his brief. 

Defendants are 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.