Judge: Michelle C. Kim, Case: 23STCV12059, Date: 2023-09-07 Tentative Ruling

Case Number: 23STCV12059    Hearing Date: March 14, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ELIO VALLECILLO RIVERA, 

Plaintiff(s),  

vs. 

 

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, ET AL., 

 

Defendant(s). 

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      CASE NO: 23STCV12059 

 

[TENTATIVE] ORDER FINDING MOTION TO STRIKE FIRST AMENDED COMPLAINT MOOT 

 

Dept. 31 

1:30 p.m.  

March 14, 2024 

 

Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”) filed this motion to strike on February 2, 2024, directed at Plaintiff Elio Vallecillo Rivera’s (“Plaintiff”) First Amended Complaint (“FAC”) on the grounds that Plaintiff did not have leave to file an amended complaint. 

 

On January 4, 2024, Plaintiff filed his FAC. LACMTA is correct that Plaintiff did not first seek leave to file an amended pleading. On January 8, 2024, this erroneously filed FAC was stricken. (Clerk of Court Notice, Jan. 8, 2024.)  

 

Therefore, because the FAC was stricken, LACMTA’s motion is moot and taken off-calendar.  

 

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 13th day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court