Judge: Teresa A. Beaudet, Case: BC699489, Date: 2022-08-08 Tentative Ruling

Case Number: BC699489    Hearing Date: August 8, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

The motion for summary judgment, or in the alternative, summary adjudication brought by Cross-Defendants United Parcel Service, Inc., Morgan Price, Don Teft, La Shawn Stanford, and Fausto Vargas (collectively, “Cross-Defendants”) is continued as set forth below.

Cross-Defendants have interposed more than 95 evidentiary objections. Due to the voluminous number of objections, the hearing on the motion will be continued to a date that will be set at the Hearing on Objections discussed below.

The Court orders the parties to meet and confer by telephone or in person in a serious and good faith effort to resolve and eliminate the objections. The only objections that should remain are those that pertain to material evidence regarding material issues. Keeping the rules of evidence in mind, the parties should be able to reduce the objections to just a few. If any material objections remain unresolved, the parties are to set them forth in a joint statement with the text, the objection, and the argument of each side in favor of their respective positions regarding the remaining material objections, along with a space for a ruling.

The joint statement must be filed on or before _______ with a courtesy copy delivered to Department 50. The Court will review any remaining objections with the parties at a hearing on _______________ at 2:00 p.m. (the “Hearing on Objections”). The date for the hearing on the motion will be set at the Hearing on Objections.

If necessary, based upon the resolutions reached during the meet and confer process and/or at the Hearing on Objections, the parties may respectively file and serve revised briefing and evidence. The revised evidence may eliminate objectionable material; however, no new evidence or new argument is to be submitted unless it is as a result of compromises reached during the meet and confer process. In the event that revised briefing and evidence is necessary, the Court will discuss with the parties a briefing schedule for the revised briefing at the Hearing on Objections.

In addition, the Court notes that Cross-Defendants lodged spiral compilations with the moving, opposing, and reply papers at 4:19 p.m. on the court day prior to the hearing. This is not in compliance with the requirements of Department 50. Binders must be lodged five court days before the hearing date. 

Lastly, the Court notes that the proof of service attached to the “Declaration of George Quon” filed in connection with Cross-Complainant Ryan Quon’s (“Quon”) opposition to the motion provides that “CROSS-COMPLAINANT’S OPPOSITION TO CROSS-DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES,” was served by electronic mail on July 29, 2022. Thus, it is unclear whether all of the opposition documents Quon filed on July 29, 2022 were served on Cross-Defendants. Quon also filed a “Declaration of Ryan Quon” in support of the opposition on August 1, 2022, but no proof of service was attached to this filing. The Court orders Quon to file a proof of service for all of the documents he filed in opposition to the instant motion. 

Cross-Defendants are ordered to give notice of this Order. 

DATED:  August 8, 2022                               ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court