Judge: Michael E. Whitaker, Case: 20STCV39383, Date: 2022-09-19 Tentative Ruling

Case Number: 20STCV39383    Hearing Date: September 19, 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

MOTION

Plaintiff Jesus Urbina Orozco sued defendants Daniel Cruz Estrada and Everlasting Enterprises (collectively, “Moving Defendants”) based on a motor-vehicle-to-bicycle collision.  Defendants move to continue trial, which is currently set for October 13, 2022, to March 20, 2023, with all pre-trial motion and discovery cutoffs to be based on the new trial date.  The motion is unopposed.

The Court finds Moving Defendants’ service of the motion on Plaintiff and defendant Avis Rent a Car Systems, LLC by mail and electronic transmission on September 6, 2022, to be inadequate notice per Code of Civil Procedure section 1005.  (See Code Civ. Proc., § 1005, subd. (b) [16 court days + 5 calendar days for mailing or 2 court days for electronic transmission].)  The Court therefore denies the motion without prejudice as procedurally defective.

Defendants shall provide notice of the Court’s ruling and file a proof of service of such.