P&B Intermodal Services, LLC v. Superior Court of Los Angeles County et al.

DispositionDescription: Petition denied or dismissed after alternative writ or palma issued.; Disposition Type: Final

DocketDescription: Case complete.

DocketDescription: Order denying petition filed.; Notes: On October 19, 2022 this court directed the superior court to vacate its order of September 21, 2022 denying the motion for summary judgment and to issue a new order complying with Code of Civil Procedure section 473c, subdivisions (g) and (q). Prior to receiving our order, and in response to receiving a copy of the petition, the superior court issued an amended minute order, a copy of which was sent to this court. The superior court, through court counsel, subsequently informed this court of its belief that the petition is now moot. The amended minute order identifies triable issues of material fact. However, it appears in concluding that triable issues exist the superior court relied on evidence to which petitioner objected. Our order directed the superior court to rule on any objections made "to evidence that it deems material to its disposition of the motion." (Code Civ. Proc., 473c, subd. (q).) The superior court may have implicitly overruled the objections asserted by petitioner, but it did not expressly rule on them or state that any objected-to evidence was immaterial to the disposition of the motion. Should petitioner need further clarification from the superior court regarding objections, it should make that request to the superior court in the first instance. The petition is dismissed as moot.

DocketDescription: Change of address filed for:; Notes: Frederick Bennett old email 1: fbennett@lacourt.org new email 1: courtcounselwrits@lacourt.org old email 2: PNguyen1@lacourt.org; LGershon@LACourt.org new email 2: {blank}

DocketDescription: Received copy of document filed in trial court.; Notes: Los Angeles Superior Court Order, dated October 19, 2022 [..."Defendant's Motion For Summary Judgment is denied."]

DocketDescription: Palma sent. Response due:; Notes: [...In view of the clear legal error apparent in the respondent's order, and this court's determination the matter should be expedited, the parties are notified of our intention to issue a peremptory writ of mandate in the first instance compelling the respondent to comply with section 473c, subdivisions (g) and (q). (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 177-183; Alexander v. Superior Court (1993) 5 Cal.4th 1218, 1222-1223.) The respondent may avoid issuance of a peremptory writ by vacating its order of September 21, 2022 denying the motion for summary judgment and issuing a new order that complies with section 473c, subdivisions (g) and (q). Before doing so, the court "must inform the parties that it is considering taking such action and provide them with an opportunity to be heard," as required by the Supreme Court in Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233, 1250. If the respondent proceeds as we have suggested, it shall, prior to November 8, 2022 transmit a copy of its new order to this court. In the event respondent does not proceed as we have suggested, the real party in interest shall serve and file an opposition to the petition, on or before November 30, 2022, with a view to expeditious disposition of this matter. (See Ng v. Superior Court (1992) 4 Cal.4th 29, 35.)]

DocketDescription: Certificate of interested entities or persons filed by:; Notes: Amended Certificate of Interested Entities or Persons

DocketDescription: Filed proof of service.; Notes: Proof of Service to Los Angele Superior Court

DocketDescription: Email sent to:; Notes: Notice of non-compliance emailed to petitioner's counsel.

DocketDescription: Exhibits filed in support of:; Notes: Five volumes of exhibits.

DocketDescription: Filed proof of service.

DocketDescription: Filed petition for writ of:; Notes: Mandate.