The judge also said that instead of contacting the court and saying, “I’m going to stipulate and submit on the tentative,” Osborne “just made his way to the airport” instead of making a court appearance.
“Now, I don’t know what’s going on with you, Mr. Osborne, but you have to explain yourself,” the judge added.
Osborne apologized to the judge and said he saw the tentative ruling Monday night and “just assumed that was the ruling of the court.”
The judge told Osborne that even though a lawyer may want to submit on a tentative ruling, the court might still want to hear oral argument and appearances from counsel. The judge added that counsel who wish to submit on a tentative must still call or write in to the court, but “you did none of that, and just made an assumption and headed to the airport, which is really surprising.”
Following arguments from the parties, the judge made the tentative the final ruling, which sustained the defendants’ demurrer on all claims but with leave to amend, except for an intentional infliction of emotional distress claim, which was sustained without leave to amend because the plaintiffs stipulated to dropping the claim.
