Judge Steven A. Ellis, Case Number: 20STCV17953, Date: 2023-10-09 Tentative Ruling

Judge: Steven A. Ellis, Case: 20STCV17953, Date: 2023-10-09 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)
IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.
ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV17953 Hearing Date: October 9, 2023 Dept: 29

TENTATIVE

Defendant’s motion is DENIED.

Background

This case arises out of an alleged slip-and-fall occurring on March 3, 2019, in a Whole Foods Market in El Segundo, California. On May 12, 2020, Plaintiff Linda Ernest (“Plaintiff”) filed a complaint asserting causes of action for negligence and premises liability against Defendants Whole Foods Market California, Inc. and Does 1 through 100. On June 12, 2020, Defendant Mrs. Gooch’s Natural Food Markets, Inc. dba Whole Foods Market (erroneously sued as Whole Foods Market California, Inc.) (“Defendant”) filed an answer.

Plaintiff subsequently amended her complaint to name Extreme Cleaning, Inc. as Doe 1 and Kellsof Facility Services, Inc. as Doe 2. Extreme Cleaning, Inc. filed an answer.

On December 5, 2022, Plaintiff filed a First Amended Complaint (the “FAC”). In the FAC, Plaintiff alleges that her left shoe became “stuck on a slippery/sticky substance with her right knee giving way causing Plaintiff to fall to the floor, thereby proximately causing the plaintiff to sustain damages.” (FAC, ¶ 8.)

Plaintiff noticed the deposition of Defendant on several occasions. Defendant objected each time. On June 28, 2022, Plaintiff filed a motion to compel the deposition. The hearing was scheduled for January 19, 2023. Defendant did not oppose the motion but did appear at the hearing and present argument. After hearing argument, the Court granted the motion and ordered Defendant to produce a person most knowledgeable witness for deposition within 30 days.

On January 30, 2023, Defendant filed the motion that is currently before the Court. In the motion, Defendant argues that it failed to oppose the motion to compel based upon attorney error and apparently asks the Court now to reconsider the order made on January 19 and rule, on the merits, on Defendant’s objections to the deposition notice.

Plaintiff filed her opposition to the motion on September 7. No reply was filed.

Trial is scheduled for February 21, 2024.

Discussion

Under California Rule of Court, rule 3.1112, any motion must include “at least the following: (1) A notice of hearing on the motion; (2) The motion itself; and (3) A memorandum in support of the motion.” (Cal. Rules of Court, rule 3.1112(a).) “Other papers may be filed in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings.” (Id., subd. (b).) The motion must: (1) Identify the party or parties bringing the motion; (2) Name the parties to whom it is addressed; (3) Briefly state the basis for the motion and the relief sought; and (4) If a pleading is challenged, state the specific portion challenged.” (Id., subd. (d).) “A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” (Cal. Rules of Court, rule 3.1110(a).)

Defendant has met none of these requirements. Instead, Defendant has filed only a memorandum and supporting declaration (with exhibits). Accordingly, Defendant’s motion is DENIED.

Conclusion

Defendant’s motion is denied.

Moving party is ordered to give notice.