Judge: Thomas D. Long, Case: 24STCV10029, Date: 2025-05-22 Tentative Ruling

Case Number: 24STCV10029    Hearing Date: May 22, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 22, 2024, Plaintiff Daniel Salamanca Gomez filed this action against Defendant Members US LLC dba Members (erroneously sued as defendant Members Restaurant & Lounge), alleging that he was injured by Defendant’s employee.

On April 25, 2025, Defendant filed a motion for undertaking.  Plaintiff filed a late opposition on May 19, 2025.

Defendant’s motion primarily argues that there is a reasonable probability that they will prevail in this action because Plaintiff may have caused his own injuries by jumping over an eight-foot wall.  Although Defendants did attempt to provide an electronic copy of the video, the Court has been unable to access the video through Defendant’s website link.

Additionally, Plaintiff’s opposition contends that the jumping man in the video is not him, and he provides images from the video showing that he was “clearly in distress and holding his injured leg in the attached photos.”

The Court will continue the hearing to allow time for Defendant to provide the video to the Court in an alternative format and for Defendant to file a reply to Plaintiff’s late opposition.

The Hearing on Motion for Order Motion for Undertaking is CONTINUED to July 24, 2025 at 8:30 a.m.

Defendant may file a reply no later than July 17, 2025.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 22nd day of May 2025