Judge: Michelle C. Kim, Case: 21STCV28842, Date: 2023-12-08 Tentative Ruling

Case Number: 21STCV28842    Hearing Date: December 8, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JOHN HAMPTON, 

Plaintiff(s), 

vs. 

 

JAM-N LOGISTICS, INC., ET AL., 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 21STCV28842 

 

[TENTATIVE] ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT 

 

Dept. 31 

1:30 p.m. 

December 8, 2023 

 

Defendant Adam Zames (“Defendant”) filed this motion for summary judgment on October 14, 2022, setting it for hearing on December 8, 2023, arguing he is entitled to summary judgment because there is no evidence that Defendant was negligent because he was not the operator of the forklift involved in the incident, and that there are no allegations that would allow Plaintiff to pursue a claim against Defendant as an individual. Defendant provides he is the vice-present of Defendant Jam’n Logistics. 

 

On November 28, 2023, Plaintiff filed an opposition requesting the Court continue the hearing to allow the depositions of Defendant and forklift driver Jose Luis Rodriguez to go forward, and to allow discovery on Jam’n Logistics Corporate minutes. Plaintiff argues he may seek leave to amend to add a cause of action for vicarious liability based on the contract between Personalized Staffing Solutions and Jam’ Logistics regarding safety training.  

 

In reply, Defendant argues Plaintiff’s opposition is untimely because it was served 10 days before the hearing date. Further, Defendant avers that Plaintiff has had over one year since the instant motion was filed to conduct the discovery claimed necessary.   

 

Although the opposition is untimely, the Court will consider it here. Based on the foregoing arguments, the Court will not yet consider the merits of the motion, and will continue the hearing. However, Plaintiff is on notice that the Court will not be inclined to continue the motion again should Plaintiff fail to promptly complete any remaining discovery he avers is necessary.  

 

The Court therefore continues the hearing date from December 8, 2023, to ________, 2024 at 1:30 p.m. in Department 31 of the Spring Street Courthouse. As this date is well past the current trial date, the Court also continues the trial to _____________. Absent a stipulation between the parties, discovery and motion deadlines will not move with the new trial date, and remain tied to the March 14, 2024 trial date, with the exception of briefing related to this Motion for Summary Judgment. 

 

Moving Defendant 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 7th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court