Judge: Michael E. Whitaker, Case: 21STCV19403, Date: 2022-09-21 Tentative Ruling

Case Number: 21STCV19403    Hearing Date: September 21, 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

Plaintiffs Luis Rafael Veliz Arias, individually, and Valeria Marina Veliz and Arianna Elena Veliz, minors, by and through their Guardian ad Litem, Luis Rafael Veliz Arias, (collectively, “Plaintiffs”) sued defendant University Muslim Medical Association Free Clinic based on the death of Lais Yessenia Martinez (“Decedent”), which occurred while Decedent was under Defendant’s treatment and care.  Defendant moves to continue trial, which is currently set for November 21, 2022, to March 18, 2024, with all pre-trial motion and discovery cutoffs to be based on the new trial date.  The motion is unopposed.  

The Court finds Defendant’s service of the motion by electronic transmission on August 26, 2022, to be inadequate notice per Code of Civil Procedure section 1005.  (Code Civ. Proc., §§ 1005, subd. (b), 1010.6, subd. (a) (4)(B) [16 court days + 2 court days for service by electronic transmission = August 25, 2022].) 

The Court therefore denies the motion as procedurally defective.  Defendant shall provide notice of the Court’s ruling and file proof of service of such.