Judge: Steven A. Ellis, Case: 22STCV04971, Date: 2024-06-27 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: 22STCV04971    Hearing Date: June 27, 2024    Dept: 29

Motion for Summary Judgment, or in the Alternate, Summary Adjudication, filed by Defendant Swink’s Creations, Inc.

TENTATIVE

The Motion for Summary Judgment, filed by Swink’s Creations, Inc., is CONTINUED.

Discussion

Defendant and moving party Swink’s Creations, Inc. (“Defendant”) filed a Notice of Lodgment of Exhibits in Support of its Motion for Summary Judgment/Adjudication on March 22, 2024. Within this notice, Defendant states the following exhibits were lodged with the Court:

-          Exhibit 1: Complaint and Doe Amendment, naming Swink’s as Doe 1;

-          Exhibit 2: Contract between Defendant and Defendant Sam Bekerian;

-          Exhibit 3: Relevant portions from the Deposition of Plaintiff;

-          Exhibit 4: Relevant portions from the Deposition of Defendant Sam Bekerian;

-          Exhibit 5: Photo of the metal ladder identified by Plaintiff;

-          Exhibit 6: Defendant’s Special Interrogatories to Plaintiff and Plaintiff’s responses; and

-          Exhibit 7: Defendant’s Answer to Plaintiff’s complaint.

Lodging exhibits is not the same as filing exhibits. Exhibits and other evidence offered in support of a motion must be filed and placed into the Court’s file. (See Cal. R. Ct., rule 3.1302.)

Therefore, the Court CONTINUES the hearing on Defendant’s motion for summary judgment to allow Defendant to file the lodged exhibits.

Conclusion

The Court CONTINUES the motion for summary judgment from 06/27/2024 to __/__/2024 to allow Defendant to file the lodged exhibits.

Moving Party is to give notice.