Judge: Theresa M. Traber, Case: 21STCV03253, Date: 2024-05-31 Tentative Ruling

Case Number: 21STCV03253    Hearing Date: May 31, 2024    Dept: 47

21STCV03253 Walker et al v. Avalonbay, et al. 


Tentative

Defendants move for judgment on the pleadings pursuant to the Court’s April 26, 2024 Minute Order. However, although Defendant’s proof of service for this motion states that service was made electronically, nothing in the Court’s record reflects any manifestation of express consent to electronic service on Plaintiffs as required by Code of Civil Procedure section 1010.6(a)(2)(A). Although the Court is aware that the parties have corresponded extensively via e-mail through the course of this proceeding, that pattern cannot override the statutory notice protections for self-represented litigants. These protections are especially critical in the context of a potentially dispositive motion, such as a motion for judgment on the pleadings. Further, the lack of response from Plaintiffs, who historically have seldom failed to respond to Defendant’s filings when notice was properly given, suggests to the Court that actual notice may not have been received in this instance. As the pending motion could potentially dispose of some or all of Plaintiffs’ claims in advance of the July 9, 2024 trial date, the Court thinks it best to continue the hearing to a date in June to allow the moving papers to be mailed and provide Plaintiffs with actual notice of the motion and an opportunity to oppose or otherwise respond to the motion.  

IT IS SO ORDERED.

Dated:  May 31, 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.