Judge: William A. Crowfoot, Case: 19STCV22473, Date: 2022-07-27 Tentative Ruling

Case Number: 19STCV22473    Hearing Date: July 27, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

On June 27, 2019, plaintiff Efronia Manukyan (“Plaintiff”) filed this action against defendant Zofia Wiaceck (“Defendant”), individually and as the trustee of The Wiacek Family Trust (“Trust”). Plaintiff also named the City of Los Angeles (“City”) and the County of Los Angeles (“County”). The action arises from a trip and fall on a sidewalk that occurred on August 15, 2018. Plaintiff asserted both claims for premises liability and dangerous condition of public property.

City filed an answer on December 29, 2020. At Plaintiff’s request, County was dismissed on January 26, 2021. Defendant and the Trust (collectively, “Defendants”) filed an answer on February 2, 2021, after being served on December 24, 2020 by substituted service.

On May 6, 2022, the Defendants filed the instant motion for summary judgment.

          However, on July 13, 2022, Plaintiff filed a Notice of Non-Opposition stating that she will not oppose and is not filing an opposition to the motion. In addition, on July 21, 2022, Plaintiff filed a Request for Dismissal asking the Court to dismiss the Complaint against the Defendants with prejudice.

          Accordingly, in light of Plaintiff’s notice of non-opposition and request for dismissal of the Complaint against the Defendants with prejudice, the instant motion for summary judgment is moot.

II.        CONCLUSION

            The Motion for Summary Judgment is DENIED as moot.

Plaintiff Efronia Manukyan’s Complaint against defendant Zofia Wiaceck, individually and as the trustee of The Wiacek Family Trust, is dismissed with prejudice.

Moving party to give notice.

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.