Judge: Michael E. Whitaker, Case: 21STCV29182, Date: 2023-04-04 Tentative Ruling

Case Number: 21STCV29182    Hearing Date: April 4, 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 Jesus Orozco (Plaintiff) sued Defendant Renee Rhines (Defendant) based on injuries Plaintiff alleges she sustained in a motor vehicle collision involving Defendant.  Plaintiff moves to continue trial from February 6, 2023, to October 26, 2023, or a date thereafter that is convenient to the Court, with all pre-trial motion and discovery cutoffs to be based on the new trial date. 

Preliminarily, the Court notes that on January 23, 2023, during a Final Status Conference, the Court determined Plaintiff’s complaint had not been served.  (See Minute Order January 23, 2023.)  Thus, the Court vacated the February 6, 2023 non-jury trial date.  (Ibid.)  Accordingly, because there is currently no trial date to be continued, the Court denies Plaintiff’s motion to continue trial as moot.

Notwithstanding, the Court finds that Plaintiff has not filed a proof of service establishing service of the summons and complaint on Defendant within 60 days of the filing of the complaint.  (See Cal. Rules of Court, rule 3.110(b).)  Therefore, the Court sets an Order to Show Cause re why monetary sanctions should not be imposed due to Plaintiff’s failure to file a proof of service of the summons and complaint for MAY 9, 2023 at 8:30 A.M. n Department 32.   (See Cal. Rules of Court, rule 3.110(f).)   Plaintiff must file any responsive papers at least five calendar days before the Order to Show Cause.  (See Cal. Rules of Court, rule 3.110(i).)  The Court may impose monetary sanctions against Plaintiff or Counsel for Plaintiff, at the time of the Order to Show Cause if Counsel for Plaintiff or Plaintiff fail to appear, or fail to give good cause for the delay in serving the summons and complaint.  (See Code Civ. Proc., §§ 128, 177.5; Cal. Rules of Court, rule 2.30.) 

The Clerk of the Court shall provide notice of the Court’s orders.