Judge: Michelle C. Kim, Case: 21STCV21153, Date: 2023-11-06 Tentative Ruling

Case Number: 21STCV21153    Hearing Date: April 17, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

FARIDEH RAUBITSCHEK, 

Plaintiff(s), 

vs. 

 

COUNTY OF LOS ANGELES, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV21153 

 

[TENTATIVE] ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT AND TRIAL DATE 

 

Dept. 31 

1:30 p.m. 

April 17, 2024 

 

Defendant County of Los Angeles (“County”) filed this motion for summary judgment on August 21, 2023, initially setting it for hearing on November 6, 2023. On November 6, 2023, the Court continued the hearing to April 17, 2024 per the request of plaintiff Farideh Raubitschek (“Plaintiff”) for time to conduct additional discovery, such as deposing the County’s employee Loren Tiede (“Tiede”), and to serve additional discovery in response to some of the previously unproduced documents attached to Tiede’s declaration.  

On January 26, 2024, the County filed an amended motion for summary judgment and amended declaration with exhibits. The County provided no explanation as to why an amended motion was filed, and what the differences are between the amended version and the original.  

On April 3, 2024, Plaintiff’s counsel filed a declaration seeking another continuance of the hearing. Plaintiff’s counsel declares that after the last continuance on November 6, 2023, she went on an unexpected medical leave on November 29, 2023. Plaintiff’s counsel returned on March 17, 2024, and then noticed the deposition of the County Department of Public Work’s PMK; it has been confirmed this PMK will be produced. Plaintiff’s counsel propounded set two of written discovery on the County on March 19, 2023, and expects responses on or about April 20, 2024. Plaintiff is also waiting for confirmation of the deposition of the Los Angeles Department of Public Works Road Maintenance District Urban Forestry’s PMK. Plaintiff’s counsel avers she has acted with reasonable diligence, and requests this matter be continued by approximately two weeks.  

 

Based on the foregoing, the Court continues the hearing date from April 17, 2024, to ________, 2024 at 1:30 p.m. in Department 31 of the Spring Street Courthouse. Trial is currently set for May 22, 2024. Because a motion for summary judgment must be heard no later than 30 days before the trial date (CCP § 437c (a)(3)), the Court also briefly continues the trial date to _______________. Absent a stipulation between the parties, discovery and motion deadlines will not move with the new trial date, with the exception of briefing related to this Motion for Summary Judgment. 

 

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 16th day of April 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court