Judge: Mark E. Windham, Case: 19STCV31718, Date: 2022-09-19 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR. 

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time. 

 **Please note we no longer use CourtCall** 

Case Number: 19STCV31718    Hearing Date: September 19, 2022    Dept: 26

MOTION TO TRANSER

 

TENTATIVE RULING:

 

Plaintiff Chicuace Chicuace’s Motion to Make this a Landmark Case is DENIED.

 

 

SERVICE OF MOTION: 

 

[X] Proof of Service Timely Filed (CRC 3.1300)      N/A

[X] Correct Address (CCP 1013, 1013a)                   N/A

[X] 16/21 Day Lapse (CCP 12c and 1005 (b))           N/A

 

SUMMARY OF COMPLAINT: Action for slander.

 

REQUEST FOR RELIEF: Unclear.

 

OPPOSITION: None filed as of September 15, 2022.

 

REPLY: None filed as of September 15, 2022.

 

 

ANALYSIS:

 

On September 6, 2019, Plaintiff Chicuace Chicuace (“Plaintiff”) filed the Complaint in this action for slander against Defendants Jimmy A. Gomez and Leonard Mata (“Defendants”).” Initially, the case was incorrectly classified as a class action; upon correction the case was reclassified to the limited jurisdiction court on September 17, 2019. On July 8, 2020, the Court granted Defendants’ Motion to Quash Service of the Summons. (Mintue Order 07/08/20.) Plainitff filed proofs of personal service of the Summons and Complaint on November 15, 2021. An Order to Show Cause Re Failure to File Proof of Service and Failure to File Default Judgment is set for September 19, 2022.

 

On April 18, 2022, Plaintiff filed the instant Motion to Make this a Landmark Case.

 

The Motion is not supported by any legal authority or evidence. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, rule 3.1113(b).) Indeed, Plaintiff’s failure to provide a memorandum as required by the Rule is an “admission that the [request] is without merit and cause for its denial.” (Cal. Rules of Court, Rule 3.1113, subds. (a), (b); In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 976.)

 

The Court notes that this is the fourth motion filed for which no supporting memorandum has been provided. (See Minute Orders, dated 07/14/22, 08/29/22, 08/30/22.) Plaintiff has been made well aware of the requirements to bring a proper motion for relief.

 

Therefore, the Motion to Make this a Landmark Case is DENIED.

 

 

 

Court clerk to give notice.