Judge: Michael P. Linfield, Case: 22STCV01888, Date: 2023-04-17 Tentative Ruling

The Court often posts its tentative several days in advance of the hearing. Please re-check the tentative rulings the day before the hearing to be sure that the Court has not revised the ruling since the time it was posted.

Please call the clerk at (213) 633-0154 by 4:00 pm. the court day before the hearing if you wish to submit on the tentative.

Case Number: 22STCV01888    Hearing Date: April 17, 2023    Dept: 34

This case was filed on January 18, 2022.  On May 25, 2022, the first Case Management Conference was held.  Plaintiff had not served the complaint, and had not filed a Case Management Statement.  Plaintiff did not appear at the CMC, but Plaintiff stated that he was hospitalized with a stroke and needed another 120 days to serve the compliant.

The Court continued the CMC for four months, and stated that if the complaint had not been served by the next hearing, the Court would consider dismissing the case.

The next CMC was held on September 26, 2022.  Plaintiff still had not served the complaint and had not filed a CMS.  Plaintiff stated that his mother had died just 10 days previously and asked the Court to continue the case until December.  The Court continued the CMC until January 31, 2023.  The Court told Plaintiff that if the complaint had not been served prior to the next CMC, the Court would dismiss the case.

On January 31, 2023, Plaintiff appeared at the CMC.  He stated that he was homeless and had just been assaulted.  Plaintiff did not file a CMS prior to the Case Management Conference, and there was no Proofs of Service on file.  The Court again continued the case, and stated that if the complaint had not been served prior to the next hearing, the Court would dismiss the case.

Plaintiff has not served his complaint, and he again has not filed a CMS.

The Court dismisses the case without prejudice.