Judge: Timothy B. Taylor, Case: 37-2022-00039382-CU-PO-CTL, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - July 26, 2023

09/01/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Timothy Taylor

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00039382-CU-PO-CTL ZURICH AMERICAN INSURANCE COMPANY VS THE ESTATE OF SUGATA KALIPAPA DAS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Quash Service of Summons, 05/05/2023

Tentative Ruling on Yuma Regional Medical Center Motion to Quash Service of Summons In Re Airplane Crash at Santee, Case No. 2022-39382 (and all consolidated cases) Sept. 1, 2023, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture.

These wrongful death/personal injury/property damage/subrogation actions all arise from an airplane crash in Santee just after noon on October 11, 2021. The cases were consolidated by agreement on June 5, 2023. ROA 154, 157-162. The cases were summarized in the minutes for July 14, 2023 (ROA 197), which is incorporated herein for further background.

Prior to consolidation, the Yuma Regional Medical Center had filed a motion to quash service of the summons served on it in the Krueger action (2023-12781) on grounds it has no connection to California justifying the exercise of in personam jurisdiction over it. ROA 114-122. The motion was scheduled for hearing in Dept. 72 on Sept. 1, 2023.

On July 10, 2023, plaintiff in Krueger filed a dismissal as to Yuma Regional Medical Center, and the dismissal was entered. ROA 199-200. Yuma Regional Medical Center has not called to take the motion off calendar, as required by Local Rule 2.1.20.

2. Ruling.

It appears to the court that the motion to quash is moot, plaintiff Krueger having dismissed the party challenging jurisdiction. Accordingly, the motion to quash is ordered off calendar.

The CMC set for Sept. 1 (ROA 196-198) remains on calendar.

In the event any party believes the motion to quash still needs to be heard (for reasons not apparent to the court), that party must appear forthwith on the regular Dept. 72 ex parte calendar to explain why.

IT IS SO ORDERED.

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