Judge: Michelle C. Kim, Case: 19STCV43535, Date: 2023-09-20 Tentative Ruling

Case Number: 19STCV43535    Hearing Date: October 27, 2023    Dept: 31

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MILTON FLORES, 

Plaintiff(s), 

vs. 

 

LOS ANGELES DODGERS, ET AL., 

 

Defendant(s). 

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      CASE NO: 19STCV43535 

 

[TENTATIVE] ORDER DENYING WITH PREJUDICE MOTION FOR RELIEF FROM LATE SERVICE OF SUPPLEMENTAL EXPERT DESIGNATION 

 

Dept. 31 

1:30 p.m.  

October 27, 2023 

 

Plaintiff Milton Flores (“Plaintiff”) filed this action against defendants Los Angeles Dodgers, LLC, et al. for damages arising from an alleged assault and battery at Dodger stadium.¿ 

On June 20, 2023, the Court denied Plaintiff’s motion for relief from late expert designation.   

On September 20, 2023, the Court denied Plaintiff’s motion for reconsideration. 

On September 27, 2023, the Court denied Plaintiff’s ex parte application to shorten time on the motion for relief from late service of supplemental expert designation. The Court informed Plaintiff, at the hearing, that Plaintiff already had an existing reservation for October 27, 2023.  

However, Plaintiff did not timely file the instant motion. CCP §1005 provides, in relevant part, that unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. (CCP §1005, subd. (b).) Plaintiff’s motion should have been filed no later than October 5, 2023. Instead, Plaintiff filed on October 18, 2023.  

 

Based on the foregoing, the motion is DENIED with prejudice.  

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 26th day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court