Judge: Theresa M. Traber, Case: 24STCV25371, Date: 2025-03-13 Tentative Ruling

Case Number: 24STCV25371    Hearing Date: March 14, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 13, 2025                      TRIAL DATE: NOT SET

CASE:                         Denice Renee Jones et al. v. Joslyn Amee Wallace

CASE NO.:                 24STCV25371           

MOTION FOR ORDER NUNC PRO TUNC

MOVING PARTY:               Plaintiffs Denice Renee Jones and Ashley Kaylani Jones

RESPONDING PARTY(S): No response on eCourt as of March 10, 2025

PROOF OF SERVICE:

• Correct Address: N/A. No service of process.
• 16/21 (Code Civ. Proc. § 1005(b)): N/A. No service of process.

CASE HISTORY:

·         10/01/24: Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a personal injury action stemming from a motor vehicle accident.

Plaintiff moves for an order nunc pro tunc deeming the Complaint filed on September 30, 2024.

TENTATIVE RULING:

Plaintiff moves for an order nunc pro tunc deeming the Complaint filed on September 30, 2024. Plaintiff has not furnished the Court with proof of service establishing that the named Defendant has been served with process. As notice to the Defendant has not yet been established, a ruling on a motion whose stated purpose is to avoid a potential statute of limitations challenge would necessarily cause prejudice to the Defendant. Without reaching the substantive merits of the motion, due process considerations compel the Court to deny the motion at this juncture.

Accordingly, Plaintiff’s Motion for Order Nunc Pro Tunc is DENIED. This ruling is without prejudice to a renewed motion for the same relief once all Defendants have been served with process and either (1) have made a general appearance or (2) have been defaulted.  

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  March 13, 2025                                  ___________________________________

                                                                                    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.