Judge: Stephanie M. Bowick, Case: 22STCV02574, Date: 2023-04-06 Tentative Ruling

Case Number: 22STCV02574    Hearing Date: April 6, 2023    Dept: 19

1. Motion for Leave to Intervene

On the Court’s own motion, the Hearing on Motion for Leave to Intervene is OFF-CALENDAR and the motion will not be heard. 

The Court finds that Prospective Intervenors Kyun Kyu Jung aka Brian K. Jung, Bongyong Song, and Sung Eun Lee failed to give proper notice of the motion hearing date.

Code of Civil Procedure section 1005, subdivision (b) provides that “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc., § 1005(b).)

Here, the Court finds that the moving papers were filed on March 22, 2023, only 10 court days before the hearing, and there is no proof of service indicating if and when the papers were served on the parties in this action.

Counsel for Moving Parties are ordered to schedule a new hearing and are ordered to file proof of service of the motion papers indicating that proper notice was given to all parties in this action. A new hearing date must be reserved again on the Los Angeles Superior Court Reservation System.  

Counsel for Moving Parties to give notice.

2. Motion For Leave to Amend

On the Court's motion, the Hearing on Motion for Leave to Amend Complaint is OFF-CALENDAR and the motion will not be heard. 

Code of Civil Procedure section 1005, subdivision (b) provides that “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (Code Civ. Proc., § 1005(b).)
 
Here, the Court finds that the moving papers were filed on April 4, 2023, only 2 court days before the hearing, and the proof of service indicates they were served by mail on April 3, 2023. Thus, proper notice was not given.

Counsel for Plaintiff is ordered to schedule a new hearing and are ordered to file proof of service of the motion papers indicating that proper notice was given to defendant in this action. A new hearing date must be reserved again on the Los Angeles Superior Court Reservation System.  

Counsel for Plaintiff to give notice.