OSCAR A MUNOZ VS TIME WARNER CABLE ET AL

Tentative Rulings

Case Number: BC641842    Hearing Date: December 10, 2019    Dept: 19

MOTION 1:  Defendant Time Warner Cable Administration LLC’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication

The hearing on Defendant TWC Administration LLC’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication, set for December 10, 2019, is advanced to this date and CONTINUED to February 27, 2020, at 8:30 a.m., Department 19 at Stanley Mosk Courthouse. 

Plaintiff Oscar A. Munoz’s request for a continuance pursuant to Code of Civil Procedure, section 437c, subdivision (h), is GRANTED.  The Court finds that Plaintiff has sufficiently established under CCP section 437c(h) that facts essential to justify his opposition may exist, but to no fault of his own, cannot be presented to the Court until the depositions are completed. The Court also finds that Plaintiff initially sought to conduct the depositions prior to filing the opposition to Defendant’s motion for summary judgment, but for reasons not of the fault of Plaintiff, the depositions did not go forward. 

Finally, the Court finds that due to the continued trial date of October 20, 2020, there is no undue prejudice to Defendant to continue hearing on Defendant’s motion. 

The Court sets the following briefing schedule:

1. Plaintiff’s Supplemental Opposition based on the deposition testimony and Defendant’s Supplemental Reply.  Plaintiff’s Supplemental Opposition is to be filed or before February 7, 2020. 

2. Defendant’s Supplemental Reply is to be filed on or before February 14, 2020.

The supplemental memo of points and authorities is limited to 10 pages each side and is limited to the issues raised from the testimony and evidence obtained in the depositions.  Courtesy copies must be delivered to Department 19 by 12 noon the next business day the document is filed.

In addition, the Court also orders a supplemental declaration from Plaintiff regarding the issue of where Mr. Munoz executed his declaration that was submitted in support of his Opposition. Defendant has objected to the entire declaration on the grounds that it is false because it purports to have been signed in Los Angeles on November 5, 2019, but Plaintiff’s counsel represented that Plaintiff was deployed for Navy duties in mid-October 2019 and will not return until May 2020. (See Reply Obj. No. 1; Supp. Vartanian Decl. ¶ 4.)    Plaintiff’s Supplemental Declaration regarding the Mr. Munoz’s Declaration is to be filed on or before February 7, 2020.  Defendant’s Supplemental objection, if any, is due on or before February 14, 2020.

Counsel for Defendant to give notice.

MOTION 2:  Defendants Vivaldo Serafin, John Peacock, and John Wyly’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication

For the same reasons set forth above, the hearing on Defendants Vivaldo Serafin, John Peacock, and John Wyly’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication,  is  CONTINUED to February 27, 2020, at 8:30 a.m., Department 19 at Stanley Mosk Courthouse. 

The same supplemental briefing schedule applies. In addition, the same requirements for the declaration of Plaintiff applies.

The Court  similarly finds no undue prejudice to Defendants in granting the continuance to allow for  completion of the discovery sought by Plaintiff in support of his Opposition.

Counsel for Defendants to give notice.

Case Number: BC641842    Hearing Date: November 12, 2019    Dept: 19

1.  Defendants Vivaldo Serafin, John Peacock, and John Wyly’s Motion for Summary Judgment, or Alternatively, Summary Adjudication is CONTINUED TO December 10, 2019, 8:30 a.m.  The Court finds the following deficiencies:  (1) Moving Defendants have not supplied the Court with printed courtesy copies (See General Order re: Mandatory Electronic Filing for Civil and Department 19 Courtroom Information Link on the LASC website); (2) Moving Defendants have not complied with the General Order re: Mandatory Electronic Filing for Civil because the Exhibits filed in support of Defendants’ motion are not electronically bookmarked; (3) Plaintiff has not complied with the General Order re: Mandatory Electronic Filing for Civil because Plaintiff has failed to electronically file the Opposition papers. 

The Court orders Moving Defendants to deliver printed courtesy copies to Department 19 by November 15, 2019.  The Court orders Moving Defendants to re-file the Compendium of Evidence with all exhibits electronically tabbed and Plaintiff to electronically file all Opposition papers by November 15, 2019. 

The Court orders Moving Defendants to deliver printed courtesy copies to Department 19, and re-file ALL moving papers in compliance with the e-filing requirements by November 15, 2019.

The Post-Mediation Status Conference is CONTINUED TO December 20, 2020, 9:00 a.m.

Moving parties to give notice.