Judge: Andrew E. Cooper, Case: 22CHUD00957, Date: 2024-03-27 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F51, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2251.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 22CHUD00957    Hearing Date: March 27, 2024    Dept: F51

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F-51

MOTION TO COMPEL DEFAULT/DEFAULT JUDGMENT

(Requests for Admission, Set One)

Motion Filed: 3/4/24

MOVING PARTY: Defendant Michael Moshe Perry, in pro per (“Defendant”)

RESPONDING PARTY: Plaintiff Nasch Canoga LLC (“Plaintiff”)

NOTICE: NOT OK (NO NOTICE FILED)

RELIEF REQUESTED: An order compelling the Court Clerk to enter default/default judgment against Plaintiff on Defendant’s cross-complaint.

TENTATIVE RULING: The unopposed motion is denied as moot.

BACKGROUND

This is an unlawful detainer action. On 8/26/22, Plaintiff filed its unlawful detainer complaint against Defendant. On 11/21/22, Defendant filed his answer and amended answer thereto.

On 12/14/22, Defendant filed a notice of removal of the action to Federal Court. On 12/30/22, the entire action was remanded to State Court. On 10/9/23, Plaintiff filed its first amended complaint for unlawful detainer against Defendant. On 10/11/23, the Court reclassified the action from Civil Limited jurisdiction to Civil Unlimited jurisdiction.

On 10/12/23, the Clerk rejected Defendant’s request for entry of default/default judgment on Defendant’s cross-complaint, stating that “there is no cross-complaint on this action.” (10/12/23 Request for Entry pf Default/Judgment, p. 1.) On 3/4/24, Defendant filed the instant motion to compel. No opposition has been filed to date.

ANALYSIS

As a preliminary matter, the Court notes that Defendant fails to identify any applicable authority for the instant motion to compel the Court clerk to enter default/default judgment against Plaintiff. Defendant primarily cites to rule 8.23 of the California Rules of Court, which states that: “The failure of a court reporter or clerk to perform any duty imposed by statute or these rules that delays the filing of the appellate record is an unlawful interference with the reviewing court's proceedings.” (Cal. Rules of Ct., rule 8.23.) The Court notes that this rule is applicable to appellate proceedings, and is inapposite here, where no delay in the filing of any appellate record is raised.

Furthermore, the Court reiterates the Clerk’s finding that there is no cross-complaint on record in the instant action. Defendant represents that he filed a cross-complaint in Federal Court on 12/14/22. (Def.’s Mot. ¶¶ 15, 43.) However, the action was remanded to this Court in its entirety on 12/20/22, which would include any purported cross-complaint filed by Defendant.

Based on the foregoing, the Court denies Defendant’s motion as moot. The Court notes Defendant’s remaining arguments but declines to reach them as they are not within the scope of the instant motion.

CONCLUSION¿ 

The unopposed motion is denied as moot. 

The Court is not requesting oral argument on this matter.  Pursuant to California Rules of Court, Rule 3.1308(a)(1) notice of intent to appear is required.  Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.”  

Notice may be given either by email at CHAdeptF51@LACourt.org or by telephone at (818) 407-2233.