Judge: Michelle C. Kim, Case: 22STCV07424, Date: 2023-04-06 Tentative Ruling

Case Number: 22STCV07424    Hearing Date: April 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Daniel Favero (“Plaintiff”) filed this action against defendants Guadalupe Orozco and Does 1 through 50 for injuries relating to a dog bite incident.  On April 8, 2022, Plaintiff filed an Amendment to Complaint naming Guadalupe Orozco as Trustee of the Guadalupe Orozco Revocable Trust as Doe 1.          

On March 13, 2023, Plaintiff filed the instant Motion for Leave to File Second Amended Complaint, with proof of service showing electronic service on the parties  Pursuant to CCP § 1005, all moving and supporting papers must be served and filed at least 16 court days prior to the hearing.  Additionally, “[a]ny period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days.”  (CCP § 1010.6(a)(4)(B).)  Eighteen court days before this hearing would have been March 10, 2023.  Consequently, Plaintiff did not timely file and serve the motion.  

Therefore, the motion is denied without prejudice to Plaintiff re-filing the motion after complying with all applicable statutes and giving proper notice of the moving papers.

Plaintiff 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 6^th day of April 2023