Judge: Mark E. Windham, Case: 21STCV02462, Date: 2023-03-16 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: 21STCV02462    Hearing Date: March 16, 2023    Dept: 26

                                                               Ashodian v. Culley, et al.
                                                MOTION FOR RECONSIDERATION

TENTATIVE RULING:

 

Plaintiff Louis Ashodian’s Motion for Reconsideration is DENIED.

 

 

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. (Minute Order, 09/01/22.)

 

On September 16, 2022, Plaintiff filed the instant Motion for Reconsideration. Defendant American Family filed an opposition on December 28, 2022. The Motion came for hearing on January 12, 2023, at which time the Court ordered Plaintiff to file a memorandum of points and authorities in compliance with Cal. Rules of Court 3.1113 by February 23, 2023. (Minute Order, 01/12/23.) Plaintiff was warned that failure to do so might result in the Motion being denied. (Ibid.)

 

To date, Plaintiff has not filed a memorandum of points and authorities as ordered. Defenadnt American Family filed a notice of failure to file motion on February 27, 2023 pointing out the same. Therefore, the Motion for Reconsideration is denied.

 

Conclusion

 

Plaintiff Louis Ashodian’s Motion for Reconsideration is DENIED.

 

 

Court clerk to give notice.