Judge: Michael E. Whitaker, Case: 20STCV10237, Date: 2022-08-16 Tentative Ruling

Case Number: 20STCV10237    Hearing Date: August 16, 2022    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 Antigwe Lumukanda sued defendant City of Los Angeles based on injuries Plaintiff alleges he sustained when he fell off his bike after striking a pothole in a street owned and controlled by Defendant.  Plaintiff moves to continue trial, which is currently set for September 14, 2022, to March 14, 2023.  Defendant has not filed an opposition to the motion.

The Court finds Plaintiff’s service of the motion on Defendant by electronic transmission on July 24, 2022, to be inadequate notice per Code of Civil Procedure section 1005.  (See Code Civ. Proc., § 1005, subd. (b) [16 court days + 2 additional court days for manner of service].)  With a hearing date of August 16, 2022, Plaintiff should have served the notice of motion on or before July 21, 2022. 

The Court therefore denies the motion as procedurally defective.  Plaintiff is ordered to provide notice of the Court’s ruling and file a proof of service of such.