Judge: Robert B. Broadbelt, Case: BC724250, Date: 2023-04-17 Tentative Ruling

Case Number: BC724250    Hearing Date: April 17, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

emilio reyes ;

 

Plaintiff,

 

 

vs.

 

 

lorraine escobar , et al.;

 

Defendants.

Case No.:

BC724250

 

 

Hearing Date:

April 17, 2023

 

 

Time:

10:00 a.m.

 

 

 

[Tentative] Order RE:

 

plaintiff’s motion for order granting leave to file third amended complaint

 

 

MOVING PARTY:                 Plaintiff Emilio Reyes           

 

RESPONDING PARTIES:    (1) Defendant Alexandra R. McIntosh, APC

                                                (2) Defendant Los Indios de San Gabriel, Inc. and Andrew Salas

Motion for Order Granting Leave to File Third Amended Complaint

Plaintiff Emilio Reyes (“Plaintiff”) filed the pending motion for order granting leave to file a third amended complaint with the court on April 12, 2023, and electronically served the motion on the parties in this action on April 6, 2023.

In opposition to Plaintiff’s motion, defendant Alexandra R. McIntosh, APC requests that the court deny Plaintiff’s motion on due process grounds since Plaintiff did not timely file and serve this motion pursuant to Code of Civil Procedure section 1005.

The court exercises its discretion to continue the hearing on Plaintiff’s motion for leave to file a third amended complaint to give defendants the opportunity to file supplemental opposition papers, and to give Plaintiff an opportunity to file a supplemental reply in connection with this motion.

The court therefore orders that the hearing on plaintiff Emilio Reyes’s motion for order granting leave to file third amended complaint is continued to May 16, 2023, at 10:00 a.m., in Department 53.

The court orders that defendants may file supplemental opposition papers no later than nine court days before the hearing, and plaintiff Emilio Reyes may file a supplemental reply no later than five court days before the hearing on this motion.  

The court orders that the hearing on defendants Los Indios de San Gabriel, Inc., and Andrew Salas’s demurrer and motion to strike the second amended complaint, filed on September 13, 2021, is continued from May 12, 2023 to May 25, 2023, at 10:00 a.m., in Department 53.

The court orders plaintiff Emilio Reyes to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  April 17, 2023

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court