Judge: Peter A. Hernandez, Case: 19PSCV00178, Date: 2022-09-14 Tentative Ruling
The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling.
Counsel may submit on the tentative rulings by calling the clerk in Dept. O at 909-802-1126 before 8:30 the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at the hearing should the opposing party appear and convince the court of further modification during oral argument.
The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question. No such filing will be considered by the Court in the absence of permission first obtained following ex-parte application therefore.
Case Number: 19PSCV00178 Hearing Date: September 14, 2022 Dept: O
The hearing on Defendant Duane Cooper’s Motion for Summary Judgment is CONTINUED to October 6, 2022 at 9:00 a.m.
Background
On March 11, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Cooper, County of Los Angeles (“County”), LACFD, John Doe Fire Captain and Does 1-50 for:
1. Intentional Interference with Prospective Economic Relations
2. Trespass
3. Private Nuisance
4. Negligence
5. Assault
6. Battery
7. Intentional Infliction of Emotional Distress
8. Negligent Infliction of Emotional Distress
9. Negligent Hiring, Retention and Supervision
10. False Imprisonment
On November 24, 2020, the court sustained County’s demurrer to the Second through Fourth, Seventh and Eighth Causes of Action, without leave to amend; the court also sustained Cooper’s demurrer to the Second and Third, and Seventh and Eighth Causes of Action, without leave to amend.
On January 4, 2021, an “Order Re: Stipulation Concerning Stricken Language of Nonconsensual Actions in Plaintiff’s Second Amended Complaint” was filed. On January 6, 2021, a “Court Order Re: Stricken Language in the Second Amended Complaint” was filed, wherein portions of Paragraphs 19, 46, 49 and 52 were stricken from the SAC.
On June 30, 2022, the court granted County’s Motion for Summary Judgment. On July 1, 2022, “Judgment on Defendant County of Los Angeles’ Motion for Summary Judgment or, in the Alternative, Summary Adjudication” was filed.
A Trial Setting Conference is set for September 14, 2022.
Discussion
The hearing on Defendant Duane Cooper’s Motion for Summary Judgment is CONTINUED to October 6, 2022 at 9:00 a.m.
Background
On March 11, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Cooper, County of Los Angeles (“County”), LACFD, John Doe Fire Captain and Does 1-50 for:
1. Intentional Interference with Prospective Economic Relations
2. Trespass
3. Private Nuisance
4. Negligence
5. Assault
6. Battery
7. Intentional Infliction of Emotional Distress
8. Negligent Infliction of Emotional Distress
9. Negligent Hiring, Retention and Supervision
10. False Imprisonment
On November 24, 2020, the court sustained County’s demurrer to the Second through Fourth, Seventh and Eighth Causes of Action, without leave to amend; the court also sustained Cooper’s demurrer to the Second and Third, and Seventh and Eighth Causes of Action, without leave to amend.
On January 4, 2021, an “Order Re: Stipulation Concerning Stricken Language of Nonconsensual Actions in Plaintiff’s Second Amended Complaint” was filed. On January 6, 2021, a “Court Order Re: Stricken Language in the Second Amended Complaint” was filed, wherein portions of Paragraphs 19, 46, 49 and 52 were stricken from the SAC.
On June 30, 2022, the court granted County’s Motion for Summary Judgment. On July 1, 2022, “Judgment on Defendant County of Los Angeles’ Motion for Summary Judgment or, in the Alternative, Summary Adjudication” was filed.
A Trial Setting Conference is set for September 14, 2022.
Discussion
The court is in receipt of Plaintiff’s “Response to—Separate
Statement of Undisputed Material Facts in Support of Defendant Duane Cooper’s
Motion for Summary Judgment or, in the Alternative, Summary Adjudication” filed
August 1, 2022. The court determines that said filing exceeds the scope of the court’s
June 23, 2022 minute order; accordingly, the court orders said filing stricken.
In reviewing Defendant Duane Cooper’s Motion for Summary Judgment or, in the alternative, Summary Adjudication, the court notes that Plaintiff’s response to Defendant Duane Cooper’s Separate Statement does not cite to supporting evidence as set forth in CRC 3.1350, subdivision (f)(2) [i.e., “[o]n the right side of the page, . . . the response must unequivocally state whether that fact is ‘disputed’ or ‘undisputed.’ An opposing party who contends that a fact is disputed must state, . . . the nature of the dispute and describe the evidence that supports the position that the fact is controverted. Citation to the evidence in support of the position that a fact is controverted must include reference to the exhibit, title, page, and line numbers” (Emphasis added)] or Code of Civil Procedure § 437c, subdivision (b)(3) [i.e., “[t]he opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. . . Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence . . .”].
To the extent Plaintiff wishes to do so, the court will allow him to file an amended response to Defendant Duane Cooper’s Separate Statement by September 22, 2022. To the extent Defendant Duane Cooper seeks to file a reply to the amended response, the court orders it be filed by September 29, 2022. No further briefing is permitted.
The hearing is continued to October 6, 2022 at 9:00 a.m.