Judge: Walter P. Schwarm, Case: 30-2021-01208574, Date: 2022-10-18 Tentative Ruling

Defendant’s (Tae Keun Kim) Motion to Dismiss (Motion), filed on 5-20-22 under ROA No. 89, is DENIED.

California Rules of Court, rule 3.1113(a), states, “A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported.”

California Rules of Court, rule 3.1113(b), states: “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.”

Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (Quantum) (2011) 197 Cal.App.4th 927, 934, explains “Rule 3.1113 rests on a policy-based allocation of resources, preventing the trial court from being cast as a tacit advocate for the moving party's theories by freeing it from any obligation to comb the record and the law for factual and legal support that a party has failed to identify or provide. On the record in this case, the trial court was justified in declining to look beyond that failure.”

Here, Defendant’s Motion to Dismiss did not cite any authority he relied upon. Plaintiff’s (Young Sohn) Opposition to Defendant Tae Keun Kim’s Motion to Dismiss (Opposition), filed on 8-16-22 under ROA No. 118, raised Defendant’s failure to cite authority. (Opposition; 5:20-6:3.) The court should not be a tacit advocate for the moving party.

Based on the above, the court DENIES Defendant’s (Tae Keun Kim) Motion to Dismiss filed on 5-20-22 under ROA No. 89. 

Plaintiff to give notice.