Judge: Mark C. Kim, Case: 23LBCV00347, Date: 2023-05-25 Tentative Ruling

Case Number: 23LBCV00347    Hearing Date: May 25, 2023    Dept: S27

1.     Background Facts

Plaintiff, Kenechukwu Agu filed this action against Defendants, Win Chevrolet and Hyundai Motor Finance for breach of contract, alleging Defendants overcharged him in connection with an automobile purchase agreement.  Plaintiff filed his complaint on 3/03/23.  Win Chevrolet filed an answer on 4/03/23 and Hyundai Motor Finance filed an answer on 4/19/23. 

2.     Motion for Summary Judgment

Plaintiff filed this motion for summary judgment on 5/02/23, setting it for hearing on 5/25/23.  Plaintiff filed proof of service showing he served Defendants, through their attorneys, with the moving papers by certified mail on 5/04/23.  Pursuant to CCP §437c(a)(2), the hearing on a summary judgment motion must be set at least 75 days after the motion is filed and served.  The motion is summarily denied on the ground that Plaintiff did not give sufficient notice of the hearing date.

Plaintiff is admonished that a review of the motion reveals Plaintiff will have great difficulty prosecuting this action without an attorney.  The motion does not comply with myriad Rules of Court, including Rules 3.1350, et seq., governing the format and legal requirements of a summary judgment motion, as well as Rules 3.1110, et seq., governing the requirements for motions generally.  The Court advises Plaintiff to seek the assistance of an attorney if he wishes to successfully pursue his claim for relief against Defendants. 

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.