Judge: Theresa M. Traber, Case: 20STCV29550, Date: 2024-08-27 Tentative Ruling

Case Number: 20STCV29550    Hearing Date: August 27, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     August 27, 2024                     TRIAL DATE: December 17, 2024

CASE:                         Pamela Mick, et al. v. Baird Allan Brown, et al.

CASE NO.:                 20STCV29550           

MOTION FOR SUMMARY JUDGMENT

MOVING PARTY:               Defendants Baird Allan Brown and Baird Brown APC

RESPONDING PARTY(S): No response on eCourt as of 08/22/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for legal malpractice that was filed on August 5, 2020. Plaintiffs allege that Defendants allowed the statute of limitations to lapse before bringing a wrongful death claim against a manufacturer of a hernia mesh which Plaintiffs contend contributed to the death of their mother.

Defendants Baird Allan Brown and Baird Brown, APC move for summary judgment.

TENTATIVE RULING:

Defendants Baird Allan Brown and Baird Brown, APC move for summary judgment.

Notice of a motion for summary judgment and all supporting papers must be served on all other parties at least 75 days before the date of the scheduled hearing, plus additional days depending on the manner of service. (Code Civ. Proc. § 437c(a)(2).) Although Plaintiffs’ motion was filed on May 14, 2024, over a month in advance of that deadline for an August 27, 2024 hearing, no proof of service accompanied the moving papers. As Plaintiffs have not responded to this motion, the Court cannot presume that Plaintiffs received notice of this motion.

Trial for this matter is set for December 17, 2024. Pursuant to Code of Civil Procedure section 437c subdivision (a)(3), a motion for summary judgment must be heard no later than 30 days before trial. (Code Civ. Proc. § 437c(a)(3).) As the 30^th day before trial, November 17, 2024, falls on a Sunday, the last date for this motion to be heard is Friday, November 15, 2024. (See Code Civ. Proc. § 12.) Continuing the hearing to this date would place the deadline for timely service on Friday, August 30, 2024 for personal service or Thursday, August 29, 2024 for overnight service, as the 75^th day would be Sunday, September 1, 2024. (Code Civ. Proc. § 437c(a)(2).) The Court will therefore continue the hearing on this motion to that date and order Defendants to serve all parties and file proof of service with the Court to ensure that Plaintiffs have a fair opportunity to contest a potentially dispositive motion.

Accordingly, Defendants’ Motion for Summary Judgment is CONTINUED to Friday, November 15, 2024, at 9:00 AM.

Defendants are ordered to serve all parties via personal service by Friday, August 30, 2024 or via overnight mail service by Thursday, August 29 2024, and file proof of service with the Court on or before Friday, September 6, 2024.

Moving Parties to give notice.

IT IS SO ORDERED.

Dated:  August 27, 2024                                 ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.