Judge: Michael E. Whitaker, Case: 22STCV20016, Date: 2023-03-06 Tentative Ruling

Case Number: 22STCV20016    Hearing Date: March 6, 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

Plaintiffs Yaroslava Voronkov, Dimitry Voronkov, and Daria Lukonina (collectively, Plaintiffs) sued Defendants Little Bee Day Care, Inc., Alina Stolyarova, and Evgeny Nagovitsyn as the Trustee of Nagovitsyn Family Trust based on a leg injury Plaintiff Yaroslava Voronkov allegedly sustained while she was under the care of Defendants at Little Bee Day Care center.  Defendants Alina Stolyarova, and Evgeny Nagovitsyn as the Trustee of Nagovitsyn Family Trust (collectively, Defendants) demur to Plaintiffs’ Complaint.  Plaintiffs have not filed an opposition.

The Court notes that on February 1, 2023, the initial hearing date for the instant motion, the Court ordered Defendants to comply with Code of Civil Procedure section 430.41 and to file a declaration in conformance with Section 430.41, subdivision (a)(3) on or before February 28, 2023.  (See February 1, 2023 Minute Order.) 

As of February 28, 2023, Defendants have not filed a declaration with the Court detailing their meet and confer efforts with Plaintiffs.  Accordingly, the Court overrules Defendants’ demurrer for failure to comply with the Court’s February 1, 2023 order.  Further, the Court orders Defendants to file and serve answers to the complaint on or before April 3, 2023. 

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