Judge: Michael E. Whitaker, Case: 18STCV01437, Date: 2023-03-22 Tentative Ruling

Case Number: 18STCV01437    Hearing Date: March 22, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

Plaintiff Robert William Holliday (Plaintiff) sued Defendant Noam Yahav (Defendant) based on injuries Plaintiff alleges he incurred in a motor vehicle collision.  Defendant moves to dismiss Plaintiff’s action against Defendant based on Plaintiff’s abandonment of the case, as well as due to the fact the two-year statute of limitations for the Plaintiff’s alleged personal injury has expired.

However, the Court concludes that Defendant’s motion is moot.  The Court dismissed the entire action on January 18, 2023 based upon an oral motion by Defendant.  (See January 18, 2023 Order of Dismissal.) 

Defendant shall provide notice of the Court’s ruling and file a proof of service regarding the same.