Judge: Michael E. Whitaker, Case: 22STCV20105, Date: 2022-09-27 Tentative Ruling

Case Number: 22STCV20105    Hearing Date: September 27, 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 Robert Rios (Plaintiff) sued defendants Tarzana Treatment Centers, Inc. (Defendant) for negligence, negligent hiring and/or supervising, and premises liability. Defendant demurs to the entire Complaint and moves to strike the prayer for exemplary and punitive damages. Defendant filed notices of non-opposition indicating the deadline for oppositions passed and no party has opposed the demurrer and motion to strike.  Thereafter, Plaintiff filed oppositions to the demurrer and motion to strike. 

            Defendant contends that Plaintiff’s oppositions were filed and served untimely.  The Court agrees.  Per Code of Civil Procedure section 1005, subdivision (b), Plaintiff’s oppositions were due to be filed and served at least nine court days before the hearing which was September 13, 2022.  But Plaintiff filed and served the oppositions on September 16, 2022.  As a result, Defendant claims (in the limited replies to the oppositions) that it did not have ample time to address the oppositions on the merits. 

            Therefore, the Court will continue the hearing on the demurrer and motion to strike to October 25, 2022 at 1:30 PM in Department 32.  Defendant shall file and serve supplemental replies to Plaintiff’s oppositions on or before October 11, 2022. 

            Defendant shall provide notice of the Court’s orders and file a proof of service of the same.