Judge: Mark E. Windham, Case: 21STCV02462, Date: 2023-01-12 Tentative Ruling
Case Number: 21STCV02462 Hearing Date: January 12, 2023 Dept: 26
Ashodian v. Culley, et al.
MOTION FOR RECONSIDERATION
TENTATIVE RULING:
Plaintiff Louis Ashodian’s Motion for Reconsideration is
CONTINUED TO MARCH 16, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET
COURTHOUSE. BY FERBUARY 23, 2023, PLAINTIFF IS TO FILE AND SERVE A MEMORANDUM
OF POINTS AND AUTHORITIES IN COMPLIANCE WITH CAL. RULES OF COURT RULE 3.1113.
FAILURE TO DO SO MAY RESULT IN THE MOTION FOR RECONSIDERATION BEING DENIED.
OPPOSITION AND REPLY PAPERS ARE TO BE FILED AND SERVED IN ACCORDANCE WITH THE
CODE OF CIVIL PROCEDURE.
ANALYSIS:
On January 21, 2021, Plaintiff Louis Ashodian (“Plaintiff”) filed the Complaint in this action against Defendants
Addison Culley and American Family Mutual Insurance Company (“Defendant
American Family”). On April 21, 2021, Plaintiff filed the First Amended
Complaint.
The
case was reclassified from the unlimited jurisdiction civil department to the
limited jurisdiction civil department on May 4, 2021. (Notice of
Reclassification, 05/04/21.) It was not until June 14, 2022 that proof of
service of the Summons and Complaint on Defendant American Family was filed. On
June 23, 2022, Defendant American Family filed a declaration for extension of
time to respond. Defendant American Family filed a
Demurrer to the First Amended Complaint on July 22, 2022. The unopposed
Demurrer was sustained without leave to amend on September 1, 2022.
On September 16, 2022, Plaintiff filed the instant Motion
for Reconsideration. Defendant American Family
filed an opposition on December 28, 2022.
Discussion
Plaintiff asks the
Court to vacate the ruling on Defendant American Family’s Demurrer
without leave to amend, give Plaintiff an extension of the time to respond, and
reschedule the hearing. However, the Motion for Reconsideration does not
indicate on what legal grounds it is brought.
“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, Defendant’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(a),
(b); In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964,
976.)
To the extent Defendant American Family opposes the Motion
by speculating on what legal grounds it is brought, the Court will not make
such an assumption. Plaintiff must file a compliant memorandum of points and
authorities.
Plaintiff Louis Ashodian’s Motion for Reconsideration is
CONTINUED TO MARCH 16, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET
COURTHOUSE. BY FERBUARY 23, 2023, PLAINTIFF IS TO FILE AND SERVE A MEMORANDUM
OF POINTS AND AUTHORITIES IN COMPLIANCE WITH CAL. RULES OF COURT RULE 3.1113.
FAILURE TO DO SO MAY RESULT IN THE MOTION FOR RECONSIDERATION BEING DENIED.
OPPOSITION AND REPLY PAPERS ARE TO BE FILED AND SERVED IN ACCORDANCE WITH THE
CODE OF CIVIL PROCEDURE.
Court clerk to give notice.