Judge: Robert B. Broadbelt, Case: 24STCV07612, Date: 2024-06-06 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.


Case Number: 24STCV07612    Hearing Date: June 6, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

matthew arnold ;

 

Plaintiff,

 

 

vs.

 

 

brent zacky, dba zacky family partnership , et al.;

 

Defendants.

Case No.:

24STCV07612

 

 

Hearing Date:

June 6, 2024

 

 

Time:

10:00 a.m.

 

 

 

Order RE:

 

defendant’s special motion to strike complaint (anti-slapp)

 

 

MOVING PARTY:                 Defendant Michelangelo Tatone       

 

RESPONDING PARTY:       Plaintiff Matthew Arnold

Special Motion to Strike Complaint (Anti-SLAPP)

Defendant Michelangelo Tatone (“Defendant”) filed the pending special motion to strike the complaint filed by Matthew Arnold (“Plaintiff”) on April 30, 2024, with a hearing date of June 6, 2024.

For that hearing date, Plaintiff was required to file and serve opposition papers by at least May 23, 2024.  (Code Civ. Proc., § 1005, subd. (b) [“All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing”].)  Plaintiff, however, filed and served an opposition on May 29, 2024, i.e., only six court days before the June 6, 2024 hearing on this motion.  (Opp., p. 141 [proof of service establishing service on May 29, 2024].)  Thus, Plaintiff’s opposition was not timely filed and served. 

The court finds that it is appropriate, and exercises its discretion, to continue the hearing on Defendant’s motion so that (1) Defendant has an opportunity to file substantive reply papers, and (2) the court has an opportunity to consider Plaintiff’s opposition and Defendant’s reply papers.

            The court orders that the hearing on defendant Michelangelo Tatone’s special motion to strike plaintiff Matthew Arnold’s complaint is continued from June 6, 2024, to July 3, 2024, at 10:00 a.m., in Department 53.

            The court orders that any reply papers shall be filed and served at least five court days before the July 3, 2024 hearing on this motion.

            The court directs the clerk to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  May 30, 2024

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court