Judge: Michael E. Whitaker, Case: 20STCV08741, Date: 2023-01-09 Tentative Ruling

Case Number: 20STCV08741    Hearing Date: January 9, 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 Gretchen Smith (Plaintiff) sued Defendant Moss Management Services, Inc. (Defendant) based on a slip and fall on a sidewalk.  Defendant moves for judgment on the pleadings on Plaintiff’s complaint.  Plaintiff has not filed an opposition.

Preliminarily, the Court notes Defendant has failed to file a declaration with the Court demonstrating satisfaction of the meet and confer requirements pursuant to Code of Civil Procedure section 439.  Under Code of Civil Procedure section 439, the moving party is required to meet and confer in person or by telephone with the party who filed the pleading before filing a motion for judgment on the pleadings and file a declaration with the Court regarding such efforts.  Because Defendant has failed to do so here, the Court shall continue the hearing on the motion to allow Defendant to meet and confer with Plaintiff and file a declaration documenting such efforts.

            Accordingly, the hearing for Defendant’s motion for judgment on the pleadings is continued to February 8, 2023 at 1:30 PM in Department 32.  Defendant’s declaration documenting its meet and confer efforts with Plaintiff regarding the motion in compliance with Section 439 shall be filed and served no later than February 1, 2023.

            Defendant shall provide notice of this order and file proof of service of such.